Advice, Legal and Otherwise, Sought....Thanks

Motley Crue

Hi

OK, so this is the first time I've posted in this thread, sorry if it needs to go elsewhere but I hoped perhaps you guys could help.

My landlord came to me this evening and said she had split up from her boyfriend. I didn't consider it that big of a deal until she told me that she had been living at his place and that's why they rented the accommodation I am in now.

This accommodation used to be her residence (and she owns all financial control over the property) and the landlord has had to move back into her mother's house as a temporary measure. Although the landlord has stressed she is happy with the current renting arrangement, it has left me worried, because I am unsure as to whether or not I should be looking for a new property.

It's a 2 bedroom flat and I've got 6 months left on my lease at the moment. Legally, as I understand it, she would have to give me 6 months notice - either formally or in writing through the leasing agent - if she wanted me to vacate the premises since there have been no problems with my tenancy and rent has been paid full and upfront every month.

As I understand it, there are two situations that could occur, either the landlady could say she wants to move back into her property and that I need to vacate - or since it's a 2 bedroom - she would move into the other, currently dormant and therefore spare, bedroom and we would co-exist in the flat until other arrangements were made.

Here is what I would like to know

1. Saying that they do not get back together, and my landlord wishes to move back into her property on her own, how much time will I legally have to search for a new flat and how will I have to be informed of this situation by the landlord - that is, will a letter come from my agent or will the landlord be able to just verbally and legally inform me herself
2. If the landlord says she wants to move back into the empty bedroom, can I legally refuse (I am renting the entire property) and if she does move back am I legally entitled to challenge for a reduction in the rent for the change of circumstance (the bedroom may be empty, but I am paying for that space, and now it could be taken away)
3. If I decide to move out of the house on the request of the landlord (in the situation that she asks me to leave as fast as possible), before I legally have to do so and before my lease is up, am I legally entitled to a full return of my deposit and any compensation in order to help me pay the deposit on a new flat and for the inconvenience of moving early.

If the landlord moves back it opens up the question of Utility Bills, all in my name, which will obviously have to be shared or arrangements made should she be using Utilities. There's also the fact I'm in my own place with my own space and this will be intruded upon.

Please don't ask me to ask the landlord out straight, she seems horribly distressed by this breakup, and is not in the right frame of mind. I will give it a week or two before approaching the subject again formally but I just wanted any advice people could give in the event things go badly for me.

Xiney

Are you in Ireland? Your location says North East England... not too many people here would be familiar with English tenancy law.

Motley Crue

Xiney wrote: »

Are you in Ireland? Your location says North East England... not too many people here would be familiar with English tenancy law.

I am in the UK, yes

edellc

this is an Irish web site our laws are not yours the six month thing doesn't apply here if landlord needs to live in property
you would be better off goggling a site in England with correct info for your jurisdiction

iguana

OP, try asking on this forum they can answer your questions with regard to UK law no problem.

http://forums.moneysavingexpert.com/forumdisplay.php?f=16

jkiss

You rented the entire property, not just a room. Her moving in, if this were acceptable to you, would be an entirely different arrangement which would invalidate the original lease. I suggest the rent would be halved and bills likewise in this scenario. You do not have to allow her to move in with you if she asks.

Victor

Hi,

We don't do legal advice here.

Motley Crue wrote: »

This accommodation used to be her residence (and she owns all financial control over the property) and the landlord has had to move back into her mother's house as a temporary measure.

She hasn't said anything, so I would take it for the moment that she will be staying with the mother.

It's a 2 bedroom flat and I've got 6 months left on my lease at the moment. Legally, as I understand it, she would have to give me 6 months notice

this owuld be my understanding, but English law is different.

1. Saying that they do not get back together, and my landlord wishes to move back into her property on her own, how much time will I legally have to search for a new flat and how will I have to be informed of this situation by the landlord - that is, will a letter come from my agent or will the landlord be able to just verbally and legally inform me herself

I imagine she will either have to wait for the end of the lease or else give whatever is the appropriate notice is. Check if your lease says anything on this.

2. If the landlord says she wants to move back into the empty bedroom, can I legally refuse (I am renting the entire property)

I imagine so.

and if she does move back am I legally entitled to challenge for a reduction in the rent for the change of circumstance (the bedroom may be empty, but I am paying for that space, and now it could be taken away)

Of course, you now can't have overnight guests, wander around naked, etc.

3. If I decide to move out of the house on the request of the landlord (in the situation that she asks me to leave as fast as possible), before I legally have to do so and before my lease is up, am I legally entitled to a full return of my deposit

Yes, assuming there is no damage.

and any compensation in order to help me pay the deposit on a new flat and for the inconvenience of moving early.

Quite possibly.

If the landlord moves back it opens up the question of Utility Bills, all in my name, which will obviously have to be shared or arrangements made should she be using Utilities.

Of course, these are normally split evenly. I'm not sure about council tax.

Please don't ask me to ask the landlord out

She's only just broken up, don't ask her out for a few weeks. :pac:

I think talk to the local equivalent of Threshold. I imagine the housing department of the local council will have the details.

Motley Crue

Thanks for your help on this matter guys

Paddy McGinty

Motley, in UK, assuming you have a valid Assured Tenancy Agreement (AST) your time is up at the end of that (6 months I think you said?).

If she wants it back then, she'll (probably) serve you with a "section 21" notice at least 2 months in advance (although many landlords will have you sign this along with the AST at the very beginning of the tenancy).

To get the property back before the end of the tenancy, she would have to serve you with a "section 8" notice, but this would only apply if you have breached the terms of the AST in any way (typically not paid rent etc).

As she's just split with BF, next time she calls round carefully put a hand on one of her shoulders, then look into her eyes and sympathetically say "hey, are you ok?..you look really tired"

If she bursts into tears you might get yourself a new flatmate