Landlord and Tenant legalities

[InformedSearcher]

Okay here goes...

After 13 years being a private tenant with a private landlord he decided to re mortgage the property. He's spent zero over that time except installing a new (£3500) boiler. He was a bit upset that as we smoke the place is simply ageing and has not been redecorated since god knows how many years before we moved in. He gave me the intimation that we should redecorate and keep the place 'sparkling'. It's a ground floor flat and since 2005 have never received an annual tenancy agreement. The annual gas safety check is sporadic as well ranging from 12 to 20 months.

So as there was a deficit in rent totalling some 30% of monthly rent he decided to (on the cheap) issue an eviction notice (2 months). Since that I've spoken to him and actually he's very pleasant. He's agreed that with the arrears (now) paid and £100 extra a month in rent to forego the so called eviction. The months have passed however I feel a bit 'miffed' that he was IMHO pressuring us. Could someone tell me if his actions were warranted as he claimed he made so little he had no other choice than to consider selling the property? Okay I understand that in the area we are in the rent should be a lot more than we pay even with the £100 a month increase however he uses no agents so all it is, is we are paying his mortgage.

M

Edited August 12, 2015 by SabreSheep
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[mariner51]

Is there a problem/question there?

[InformedSearcher]

Is there a problem/question there?

 

Yes, I'm concerned that this will happen again and if it does what to do about it.

[45002]

Yes' date=' I'm concerned that this will happen again and if it does what to do about it.[/quote']

 

Concerned about what or what to do about what !

[mariner51]

Simple answer - yes, prob.

AST LL's have a stat repairing liability (cf replacement boiler) but redecorations normally occur at end of T, to avoid disruption for T. I would delay redecorating a smoker's property for as long as poss. Annual AST renewals or not required, because at end of fixed term the Law creates a SPT, giving T opp to vacate with 1 month due Notice.

LL may be relying on your rent to pay his mortgage, which, in turn provides you with a property, when you may not get your own mortgage or afford repayments and other associated owner-occupier expenses eg repairs.

[InformedSearcher]

Hmm, so okay he really wanted us to leave because he wants to sell the property (and I've no idea about how long is left on the lease). I've managed to 'swing' it so we are still here however my concern is how someone can so easily with little effort decide to issue an eviction notice and 'kick you out' (as it were?). My question is broadly on advice as to where I stand in this type of case. Can someone just at a whim evict people for example?

[legalistic]

InformedSearcher, with an Assured Shorthold Tenancy (and most privately-rented tenancies are of this kind) there is no security of tenure once the fixed term is over. So, yes, the LL can just at whim evict people. He has to give the required notice and comply with other technicalities. But he need give no reason for kicking a tenant out. All he has to do is issue a correctly-worded section 21 notice (Housing Act 1988) and, if the tenant does not depart, use the Accelerated Possession Procedure to obtain a possession order. A judge can decide the matter without a hearing, i.e. make a possession order, though there is normally a right to apply back to set it aside. The tenant needs a proper defence though and there are only one or two. Even if the tenant succeeds the LL has a right of possession and can just start all over again.That there is no security of tenure is hard on families, elderly, disabled etc. The law is aimed to encourage LLs to rent out properties. LLs would not do so if they felt they might get lumbered with a tenant they can't remove.

[InformedSearcher]

InformedSearcher, with an Assured Shorthold Tenancy (and most privately-rented tenancies are of this kind) there is no security of tenure once the fixed term is over. So, yes, the LL can just at whim evict people. He has to give the required notice and comply with other technicalities. But he need give no reason for kicking a tenant out. All he has to do is issue a correctly-worded section 21 notice (Housing Act 1988) and, if the tenant does not depart, use the Accelerated Possession Procedure to obtain a possession order. A judge can decide the matter without a hearing, i.e. make a possession order, though there is normally a right to apply back to set it aside. The tenant needs a proper defence though and there are only one or two. Even if the tenant succeeds the LL has a right of possession and can just start all over again.That there is no security of tenure is hard on families, elderly, disabled etc. The law is aimed to encourage LLs to rent out properties. LLs would not do so if they felt they might get lumbered with a tenant they can't remove.

 

Thank you for that kind reply!

Michael

[45002]

Hmm, so okay he really wanted us to leave because he wants to sell the property (and I've no idea about how long is left on the lease). I've managed to 'swing' it so we are still here however my concern is how someone can so easily with little effort decide to issue an eviction notice and 'kick you out' (as it were?). My question is broadly on advice as to where I stand in this type of case. Can someone just at a whim evict people for example?

 

If the LL gets the notice correct, deposit protect in the correct way, court case then Bailiffs can lawfully remove tenant from the property ....

 

http://england.shelter.org.uk/get_advice/eviction/eviction_of_private_tenants/eviction_of_assured_shorthold_tenants

 

It is a Criminal offence for a LL to carry out a eviction.

[InformedSearcher]

If the LL gets the notice correct, deposit protect in the correct way, court case then Bailiffs can lawfully remove tenant from the property ....

 

http://england.shelter.org.uk/get_advice/eviction/eviction_of_private_tenants/eviction_of_assured_shorthold_tenants

 

It is a Criminal offence for a LL to carry out a eviction.

 

Thank you so it seems that no one in this situation is protected. At the whim of the Landlord you can be evicted with simply 2 months notice?! Amazing how this type of 'easy' thing came about?

[camptownraces]

Two months notice, then Landlord has to apply to a court for a possession order. This could take several months longer, depending on where you are.

[raydetinu]

you could always ask for a new agreement every six months o an even longer contract if you wish; for a bit more security on both sides.

remember you only have to give one months notice at the moment, with a contract you are liable for the whole term.

so its swings and roundabouts.