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Sausage

Xmas eviction

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Well well well... Just as I'm on way home from work for Xmas break landlord messages to say he's cranking the rent up 20% or we can move out. 

It's a very shabby house (but works for us with 2 young kids: no pale carpets or immaculate walls to worry about!

Anyway, we'll probably move out as don't want to give him any more money. 

We're about to spend Xmas with various relatives who will no doubt suggest we buy. The horror. Do I ignore them? Debate with them?

In previous conversations I challenge them to "find me a 3-bed semi/detached home for life, 3 miles radius, budget £300k".

That sets their minds racing: "well if they can't afford the houses they must be poor! Why don't they get better jobs? Are they lazy? Simple? Perhaps they're too picky! Beggars can't be choosers. You're only a first time buyer: our first property was a 1 bed flat! Why not get a bigger mortgage?

Oh god. I'm not looking forward to it.

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What a s*** time to happen, hope you landlord has raging bleeding piles throughout the Xmas and New Year period. 

Hey Mate! Don't go on what I say, but I have a sneaking suspicion this UK housing nightmare for many of us is going to be resolved in 2019, just try your best to get something out of the Xmas period.

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2 minutes ago, Orb said:

Before you leave, hide a few kippers in places he'll never find them. 

Ha ha, very tempting. But, do you know what, whoever moves in will probably have problems enough of their own, and I don't want to make it any worse for them.

He didn't protect our deposit, so I could drag out the eviction by going through small claims court - just whether I can be fagged with the stress. I had an unrelated court case for the last year and ended up having a stress triggered seizure.... so I might just take the route of least stress through all this!

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11 minutes ago, Sausage said:

Ha ha, very tempting. But, do you know what, whoever moves in will probably have problems enough of their own, and I don't want to make it any worse for them.

He didn't protect our deposit, so I could drag out the eviction by going through small claims court - just whether I can be fagged with the stress. I had an unrelated court case for the last year and ended up having a stress triggered seizure.... so I might just take the route of least stress through all this!

If you don't need the money do it. You can get three times the amount back and I know people who have managed get this 

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Call him saying your going to court over the lack of protected deposit, unless you get a rent reduction. 

Start looking elsewhere. 

hes probably going bust in January and thus has only just realised and is panicking and jacking the rents up. 

what a nightmare, with kids also, at this time of year. 

honestly it’s hard to tell what’s the right thing to do in your situation. The timing suggests he’s in the poop about his January tax bill, you may be turfed out anyway if he can’t pay it. 

either way a 20% snap rise is not reasonable, unless you were paying half market rate? And actually it’s a relatively gradual readjustment phases over a few years?

life is not all about money, especially with kids schools and stability. sometimes just have to bite the bullet do the ‘right thing’ either renting another place, accepting the rent increase, or looking to buy, in your head you probably already know what you have to and need to do. 

just take a little joy knowing that for the worst offending leveraged landlords are about to go bust and second hand car dealers all around the country are going to suddenly have excess stock of Chavy white landrovers. 

 

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Very sorry to hear this. To say this is this is intolerable with two young children is an understatement. I find this sort of behavior incomprehensible.

I do hope you can find an alternative quickly and with a much better landlord.

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Perhaps a low stress option would be to sue him for lack of deposit protection using a no win no fee lawyer who specializes in such cases but wait until you've left first. 

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2 hours ago, Sausage said:

Ha ha, very tempting. But, do you know what, whoever moves in will probably have problems enough of their own, and I don't want to make it any worse for them.

Sorry to hear your predicament, and what a great attitude you have.  I hope you do well, Merry Christmas. 

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As mentioned above, using the unprotected deposit is a massive bargaining chip. At a minimum it will entitle you to 1x your deposit. 

Also, if you make some complaint about the property being in need of repair, the court will not enforce a s21 notice. I imagine the landlord has not issued one. 

https://england.shelter.org.uk/housing_advice/repairs/revenge_eviction_if_you_ask_for_repairs

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15 minutes ago, hpcnnh said:

Perhaps a low stress option would be to sue him for lack of deposit protection using a no win no fee lawyer who specializes in such cases but wait until you've left first. 

No need to wait. Bring up the threat of it now. 

You can still go after him later. 

The 20% increase sounds like one of these p118 landlords who is putting all their rents up (or trying to) in response to S24.

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4 minutes ago, Ah-so said:

No need to wait. Bring up the threat of it now. 

You can still go after him later. 

The 20% increase sounds like one of these p118 landlords who is putting all their rents up (or trying to) in response to S24.

Surely it's a quick question - what is the current market rent and after a 20% increase how much over the current market rent will it be.

The landlord can ask for anything he wants in rent, whether he can find anyone who is willing to pay it is a very different matter. Given that he doesn't seem to have protected his deposit I suspect he hasn't looked at the market. So when you mention the deposit issue thank him for encouraging you to look at the market as I have found a far nicer property at £75 a month less than I'm currently paying...

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As posted above by others - you need a S21 with two months notice - properly filled in and properly dated and delivered to you - that's the law, although it doesn't sound like the landlord is good with paperwork.

Perhaps you could help him out with the administration of his property empire. Go to your local CAB. I did this once and they referred me to a local housing charity. Their lawyer does this stuff every day. He photocopied my correspondence and contract etc. and rang me later advising me that if I kept paying the rent that i'd still be there in 9 months, longer if I appealed and went to court - and my landlord's paperwork was all correct! He said just keep a dialogue going and inform him that you are actively seeking suitable alternative accomodation.

Having said that, it is a stressful experience and must be 10 x worse with kids. I didn't test his advice so can't report further.

I managed to get somewhere within 2 months anyway, bear in mind that (ironically) it is you that usually need a reference to give to your next landlord! 

 

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See this flowchart by respected housing lawyer, Giles Peaker.

https://nearlylegal.co.uk/section-21-flowchart/

SO many opportunities for the paperwork to be wrong. 

Do note the reference point, though if you want nice easy flexibility if you're looking to buy shouldn't be a problem. 

Also note that most agents in my experience are lazy when it comes references. Give past landlords etc.. 

Other thing, if you're thinking of using an letting agent to if you wait 6 months fees will be banned! 

Edited by mat109
Click link

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1 hour ago, 2buyornot2buy said:

You can't serve a section 21 if the deposit hasn't been protected. 

You can serve it, but in front of a judge it'll be thrown out. 

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It sounds like you could make life rather difficult for your landlord, and it sounds like he deserves it. I know this is putting pressure on you but some people do rely on others not wanting the hassle involved in dealing with them like they deserve.

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19 minutes ago, Riedquat said:

It sounds like you could make life rather difficult for your landlord, and it sounds like he deserves it. I know this is putting pressure on you but some people do rely on others not wanting the hassle involved in dealing with them like they deserve.

I wouldn't be playing the system to make things difficult for the landlord but I would recommend playing it to allow you ALL the time you need to find another place to stay.

FYI and not knowing where you are the local council housing officers will suggest (but cannot explicitly state) that you do not move until you've found a new house to stay in...

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Update. Have agreed 8 month contract, first 3 on current rent, 5 on higher rent. Takes us to September when we can (hopefully!!) buy somewhere. Avoids stress of moving so soon.

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I feel, the landlord is planning to sell it.

On the contrary, I feel it may be good for you to look for a rented property and start looking for houses in next 6 months. By the 2nd or 3rd month, if you find a good house, it should drop by another 5%. So from a financial point of view, if you are buying a house you will save the moving costs and difficulties which you have experienced or if you want to wait further you will have the comfort of mind to say that you are going to live in a non-shabby renting atleast

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9 hours ago, Sausage said:

He didn't protect our deposit, so I could drag out the eviction by going through small claims court - just whether I can be fagged with the stress. I had an unrelated court case for the last year and ended up having a stress triggered seizure.... so I might just take the route of least stress through all this!

If he didn't protect the deposit he can't serve a S21. Just carry on paying the rent & enjoy.

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12 hours ago, Sausage said:

Well well well... Just as I'm on way home from work for Xmas break landlord messages to say he's cranking the rent up 20% or we can move out. 

It's a very shabby house (but works for us with 2 young kids: no pale carpets or immaculate walls to worry about!

Anyway, we'll probably move out as don't want to give him any more money. 

We're about to spend Xmas with various relatives who will no doubt suggest we buy. The horror. Do I ignore them? Debate with them?

In previous conversations I challenge them to "find me a 3-bed semi/detached home for life, 3 miles radius, budget £300k".

That sets their minds racing: "well if they can't afford the houses they must be poor! Why don't they get better jobs? Are they lazy? Simple? Perhaps they're too picky! Beggars can't be choosers. You're only a first time buyer: our first property was a 1 bed flat! Why not get a bigger mortgage?

Oh god. I'm not looking forward to it.

What a fecking dreadful thing to happen Sausage. What a shitty person.

On family stuff - send them to this site. We'll sort them out.

Hope you get through it without domestic crime headlines.

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  • 293 Brexit, House prices and Summer 2020

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      • down 5% +
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      • up 5%



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