private landlord has given verbal NTQ - is this an illegal eviction?? urgent...pls help!!

[Champ4theUnderdog]

Hi there,

 

I have a friend who has lived in a private rented property for over 7yrs, has always paid the rent on time, as with other utility bills and CTax.

 

Now the landlord has told her she has 2 months to get out of the property (he has not supplied a formal written NTQ) on the grounds he believes she is in breach of her tenancy for allowing people to frequent the property for immoral purposes...she is a spiritualist/clairvoyant/does tarot readings for friends and friends of friends, but the landlord has always known this from the outset and has readily accepted rent from her without issue until now.

 

He has no other evidence to back up his reason for evicting her so can this be a valid reason / would it stand up in court?

 

He has been letting himself in the property to show other prospective tenants around the property, and has arranged for an estate agent to view the property next week without her knowledge or consent, and has been allowing his family members to park on her private driveway blocking the tenants' access, (he and his family live in their own substantial property down the road!) his wife pegging her own washing out in the tenant's back garden etc....

 

surely this constitutes harrassment??:mad:

 

my friend tells me there are many outstanding repairs that need to be carried out by the landlord, whom she has asked repeatedly to sort out, but has failed to do so. I told her that he has a legal requirement to complete an annual gas safety inspection of the property (she has open fire and GCH) but has never had one in all the time she has occuppied the property!

 

Can she withhold some rent? issue counter claim against the landlord for breaching his obligations as a private landlord?

 

what is the prescribed format for issuing a NTQ, and how much notice is required given it has been her home for over 7yrs? My understanding is that as she has not been served with formal written notice, she does not need to leave the property without a court possession order, and suggested she tell the landlord the same.

 

However she is not in good health, nor has confidence to speak to him directly, (very timid lady) and so I would like to support her in the best way I can to assert her rights. She does not want to move home, and the visitors to her home do not presnt an anti-social nuisance.

 

I have asked to her to dig out a copy of her tenancy agreement, and owuld like to help her draft a strongly worded letter to her landlord (with some very helpful relevant bits of legislation etc)

 

can anyone please advise??

 

Many thanks!!

[labrat]

ok

 

i beleave he does have to issue written notice, im not sure which section this is under ask mr shed.

 

the gas safety certificate is a LEGAL requirement, ask him to provide it and if he refuses then tell him your going to enviromental health

 

the tenant also has a right to quiet enjoyment of the property, if he is blocking access and using the garden this breaches that.

 

and remind him its at least 24 hours notice required EACH time he wishes to come into the property

 

i wouldnt suggest withholding rent its never a good way to get anywhere

[Tawnyowl]

Hi just been looking around for info for you there is some info here.Sounds like its a assured shorthold tenancy but there is a tenancy checker there.Sounds like it with the 2 month notice no reason given but have a look. Might help,i hope so.Good luck, Shelter England - Assured shorthold tenancies

[MrShed]

So long as the tenant is not a lodger (i.e. resident landlord) then this notice to quit is wholly invalid.

 

Assuming this is an Assured Shorthold Tenancy, the landlord must give either a Section 21 or Section 8 WRITTEN notice to the tenant.

 

Come back with details on the tenancy (type, start date, fixed term) and I can assist further.

[JimmySpangle]

1. Get her to change the locks. The landlord has NO right whatsoever to show people around HER home.

 

2. The eviction is not legal. If he wants to evict for breach of contract, ie runninga business from the propertty when it says not to in the lease, then he will have to issue the usual legal notices via court.

[NewSAHD]

Sorry to hear of your friend's problems, frankly, it all sounds pretty disgusting on many fronts.

 

1.) Can you list the repairs?

 

This will help us all consider how best to deduct cost of repairs from rent / counterclaim, as appropriate.

 

With regards deducting costs of repair need to be careful how approach this though, must not just withhold rent - recall there is a sticky on CAG as to how best approach this too.

 

2.) Also, as for changing the locks, on this occasion, definitely.

 

Unless, perhaps, the tenancy agreement says the landlord has the right to change them back at the tenants expense. But can come back to that later, as I'm sure there will be different views on this.

 

3.) How quickly can you get a copy of the agreement posted here, with all personal details removed, and without alerting the landlord to the same?

 

4.) If OK, could we back track a bit too?

 

Firstly, is your friend in England & Wales?

 

Then, can we check that the tenancy is, as seems likely, an Assured Shorthold tenancy.

 

If so, then there are mandatory grounds for possession, so the landlord is likely to get the property back in due course anyway. Or would, if they read forums such as CAG and realised where they were going wrong.

 

So, no point, perhaps, is allowing this to "speed through", by way of tipping the landlord off and allowing the landlord to correct their mistakes too early.

 

5.) So, as much as I like JimmySpangle's views here, and elsewhere, as an alternative view, personally, I would be tempted NOT to tell the landlord "to issue the usual legal notices via court".

 

Why tip the landlord off to the mistakes they have already made, as already pointed out by MrShed?

 

6.) Two thoughts occured to me at the outset. I would add I am not a lawyer, so would welcome comments too.

 

a.) Firstly, it was stated earlier that possession was being sought

"on the grounds he believes she is in breach of her tenancy for allowing people to frequent the property for immoral purposes...she is a spiritualist/clairvoyant/does tarot readings for friends and friends of friends, but the landlord has always known this from the outset and has readily accepted rent from her without issue until now."

 

I mention this for it were a knocking shop, say, then arguably the landlord could be correct in pursuing "immoral" grounds - in part, as he would need to be aware of, I think, the Sexual Offences Act 1956. Google it or look at

 

Sexual Offences Act 1956 (c.69) - Statute Law Database

 

b.) So, instead, would be tempted to get her to send an "innocent" email / letter to the landlord along the lines of

"Dear landlord, I was sorry to hear that you are seeking to evict me as you believe my business to be immoral. As you are well aware my business of offering spiritualist / clairvoyancy/ and tarot readings has run successfully ever since I moved in. You knew this from the outset. I am sorry that you feel as you do and hope that we can find an alternate way to resolve this. Yours, etc"

 

Or something 'neutral' to that effect.

 

Then, see what his reply is.

 

If he does not correct the use of "business" in the draft email there is an argument, perhaps, that your friend could have a business tenancy, protected by the Landlord & Tenant Act 1954, with automatic rights to renewal, which is a much more secure position to be in than that of a more easily terminated AST.

 

She could argue this is the case anyway, perhaps, without his reply.

 

7.) It has been a few years since had to consider residential tenancies seemingly tipping in to business use, so matters may have moved on, but it may slow possession proceedings down, without alerting the landlord to real mistake they have made - as stated by MrShed - and may put the landlord to the trouble, at some later date, of having to pay a lawyer to argue the toss too.

 

8.) Also, are the landlord's comments not a breach of your friend's human rights, or discriminatory in some way? Sorry, this a slightly more tongue in cheek approach, but could, later, be put to the landlord to slow him down?

 

Which, if your friend can quietly sort out alternative accommodation anyway, could be "fun", sorry, help delay possession and see some justice done here too?

Edited March 22, 2010 by NewSAHD

[Champ4theUnderdog]

Many thanks to all of you have replied to my thread!! very informative indeed!

 

I do know a little on the subject (being a social worker) altho not the finer details, so every little helps!! Knowledge is power and all that!

 

I have passed all the details to my friend and she is in the process of digging out her tenancy agreement so as soon as she finds it, I will post on here....

 

I will also get the details of the repairs which remain outstanding too..

 

Once again guys, thanks! :D

[Champ4theUnderdog]

Ps NewSAHD, she lives just down t'road from me near Oldham, Lancs.

[JimmySpangle]

 

5.) So, as much as I like JimmySpangle's views here, and elsewhere, as an alternative view, personally, I would be tempted NOT to tell the landlord "to issue the usual legal notices via court".

 

Why tip the landlord off to the mistakes they have already made, as already pointed out by MrShed?

 

 

Oh, I never suggested for one second telling the landlord that at all. The OP's question was whether a verbal NTQ was ok, I was pointing out that it needed to be done in writing through the court system. I didn't eman tell the landlord that and agree with you, why tell him?

[NewSAHD]

Oh, I never suggested for one second telling the landlord that at all. The OP's question was whether a verbal NTQ was ok, I was pointing out that it needed to be done in writing through the court system. I didn't eman tell the landlord that and agree with you, why tell him?

 

Quite right - and apologies too, as no offense was intended

[JimmySpangle]

Quite right - and apologies too, as no offense was intended

 

Oh, none taken!