Landlord kicking me out 10 days before tenancy ends HELP

Hey guys, i'm in a spot of bother.
Brief history Our tenancy began on the 4th July, we signed the contracts etc. on the 26th June or so. After paying our rent on the 4th October 11, our landlord asked if we could start paying rent on the 24th of each month - which we obliged.
Come around to the last few days, where the landlord is demanding that we have vacated the property by the 24th, which then changed to the 26th, as our tenancy apparently ends. I have told him that the tenancy actually ends on the 3rd July, and tried to show him the contract as proof, but he is denying everything saying we owe him rent as we only paid til the 24th, and has now got the estate agents on his side. I also have my bank statements which show ive paid 12 month of rent but still he doesn't care.
Basically we're missing out on approx 10 days of accommodation that we've already paid for which adds up to a lot of money, at the same time i need somewhere to live as i'm on placement.
Where do we stand from a legal point of view and what should be our next route of action? we've tried getting the landlord to come round multiple times to show him our evidence but he wont come.

(edited 11 years ago)

Reply 1

earlysound

Just to be able to advise you further could you tell us who your local council is? It sounds like you're being illegally evicted before your tenancy actually ends - your landlord has signed a contract which he is legally bound to he can't go changing his mind.

The proper procedure for evicting you depends on the type of agreement you have with your landlord, and the reasons why the landlord wants you to leave. In most cases, this will usually involve giving you notice and getting a court order. But if you live with your landlord or a member of your landlord's family, the rules may be different.

The only person who is legally allowed to physically remove you from your home is a court bailiff.

In most cases, your landlord should begin by giving you notice that they want you to leave. This might be called a notice to quit or a notice of seeking possession.

Depending on the type of agreement you have, the reason for the eviction, and the type of notice you are entitled to, you should get either:

two weeks' or two months' notice of seeking possession, or
a minimum of four weeks' notice to quit.
After your notice period has finished, your landlord has to apply to the court for a possession order. If you don't leave on the day the court says you should, your landlord must return to the court and ask for a bailiff's warrant. If you remain in your home after the end of your notice period, you may be liable for the court costs that your landlord has to pay to get the possession order and bailiff's warrant.

If at any point in this process, your landlord forces you to leave before the bailiffs arrive then you have been illegally evicted.

(edited 11 years ago)

Reply 2

earlysound

http://england.shelter.org.uk/get_advice/eviction/harassment_and_illegal_eviction_by_landlord/illegal_eviction

You should also check out the above website, it will give you information on illegal eviction.

Reply 3

Bobifier

Your contract will explicitly state when your tenancy ends, and your bank statement proves you have fulfilled your end of the contract. Stay in the house, and if he tries to take you to court you can be confident of winning.

Tell him to jog on

I would just refuse to leave for the last 10 days. He can't do anything about it.

Reply 6

Forum User

Not only do you not have to leave until 4th July but unless the landlord has given you a valid s. 21 notice requiring possession at least two months (since you are paying rent monthly) before that date you don't have to move out then either, your tenancy will simply become a statutory periodic tenancy instead of an AST. Technically you don't have to move out even on expiry of a valid s.21 notice, but the landlord can then apply for a court order to regain possession.

I assume that that is irrelevant and you have made plans to move out on 3rd July. In that case, just ignore the landlord, you are entirely right and if he attempts to evict you forcibly report it to the police and the council.

(Bear in mind that I'm only a student but it looks like others are in agreement).

Reply 7

Teddy-picker

Original post by earlysound

Thank you for the sound advice, my local council is hillingdon. He's no longer picking up his phone or returning my texts. If i were to move out when hes ordering me to, for placement purposes, am i able to take him to court to try and get back the rent money we paid him?

Reply 8

dothestrand

If it says in your contract the lease ends on 3rd July, and you've all signed it, then that's when it ends.

Reply 9

earlysound

Original post by Teddy-picker

Do not move out. Once you voluntarily vacate the property you no longer have the right to live there. He has to go to court to have you removed otherwise he is illegally evicting you.

Reply 10

earlysound

You need to phone the number found on this website: http://www.hillingdon.gov.uk/index.jsp?articleid=9572

You need to state you believe you're being illegally evicted and they will discuss your options with you.

Reply 11

clarusblue

Only awkward thing about staying is that he will have a key so might go in and change locks while you're out. Get onto the council ASAP

Reply 12

i2008

Landlord has to Serve you Section 21 giving you two months notice and following this you can either leave or you can wait for him to serve you court order (you dont need to attend the court at all, unless your objecting). The landlord fillout a form which cost round £175 and the court will send you a letter saying that you have to leave giving you few weeks. The court will also ask you to pay the application fee to the landlord and cost of legal fee (this cannot be his agent, it must be a laywer as far as i know and usually cost round £120).

What you have to do is go see a lawyer yourself as your a student, you get legal aid (double check as i am not sure 100% but i know if your unemployeed or earning low income this is free). Just ask if they accept legal aid. Best thing to do is call the police of the landlord come so you have a record of harressment. Keep a diary and all text messages, emails etc. I know someone who know gone to the lawyers with legal aid to sue the landlord.

Reply 13

earlysound

Original post by clarusblue

Only awkward thing about staying is that he will have a key so might go in and change locks while you're out. Get onto the council ASAP

If he does this than he would defiantly be committing illegal eviction.

Reply 14

mja

Original post by earlysound

If he does this than he would defiantly be committing illegal eviction.

Yes. If he did this he would commit a criminal offence under section 1 of the Protection From Eviction Act 1977. This is an offence for which the police can arrest him, and which is punishable by up to two years imprisonment.

Reply 15

mja

Original post by i2008

What you have to do is go see a lawyer yourself as your a student, you get legal aid (double check as i am not sure 100% but i know if your unemployeed or earning low income this is free). Just ask if they accept legal aid. Best thing to do is call the police of the landlord come so you have a record of harressment. Keep a diary and all text messages, emails etc. I know someone who know gone to the lawyers with legal aid to sue the landlord.

A good source of legal advice here would be the Hillingdon law centre: http://www.hillingdonlaw.org.uk This is the type of case they should be able to help with.