Can my landlord kick me out???

Question

I have had a bit of a dodgy relationship with my landlord right from the start. He lied to me initially about what was included in the £850 I paid a month, leaving me with no where to park and a flat that had loads of things not working properly. I had signed a 6 month tenancy which is up at the end of December, therefore I have found somewhere new to live.

I do not believe he will pay me back my deposit which I need obviously for my new place, therefore I have not paid him any rent this month. He has been chasing me for it and has told me that I am not allowed to do this and am breaking my tenancy agreement.

The bottom line is.... what can he actually do about it???

Answer 1

Although technically, the previous answers are right ( you should pay your rent because of your contract etc), I would advise that you hold on to that rent payment and don't pay him!
He sounds like a bit of a rogue, and if he is a crook you won't be seeing the whole amount of your deposit returned (typically landlords like him make up reasons such as cleaning bills, delapidation etc in order to retain your money)
You're moving out at the end of December anyway and he has no power to just 'throw you out', he'd have to get an eviction notice and go through certain legal proceedures. The chances of him taking you to court are very slim, he would only do this if he thought you had caused damage to the property, but it sounds as though the property wasn't completely legal anyway (basic rights are to have a corgi certificate, working appliances etc)
So, I say sod him!! Good luck x

Answer 2

You're not meant to withhold rent in lieu of getting your damage deposit back. However if you do, and you are not worried about getting a reference from this man, then there isn't much he can do. If he claims to be out of pocket (i.e. if you have caused damage that he intended to dock your damage deposit for) then he could take you to court for the amount. How likely this is depends upon the amount we're talking about.

Probably the worst he can do is give you your month's notice to move out, but it sounds like you have signed an assured shorthold tenancy so the earliest you would have to leave would be the end of December anyway.

Answer 3

He will have to serve a notice to quit, which is a 30 day notice in most states, so you will get away with it.

However, he may also seek a court judgement. If he does that, it will be permanently on your credit report, and will affect any applications you make for credit cards, mortgages, or loans in the future. When someone has a judgement for non-payment of rent entered on their credit record, it also substantially reduces your chances of getting another apartment, since future landlords will check your credit rating.

What you should have done is dealt with this through the courts, and had the landlord ordered to fix everything and provide what you paid for. Then you would have been in the right, and he would have been wrong. In most states though, you are not entitled to withhold your rent regardless of what the landlord does, so you've put yourself on the wrong side of the law.

Answer 4

he could try to take you to court to recover the money but it sounds like he's a bit dodgy and has met his match in you!!

make sure you hold onto your tenancy agreement and any other letters/documents he has sent you just in case he does start court proceedings.

the best thing to say if challenged as to why you withheld your rent is that there was something not working properly in the flat (eg the heating) and you withheld the money to get him to fix it for you and you had every intention of paying him when it was done.

if you really are unsure seek help from either your local citizens advice bureau or your local housing office.

hth

lol

xxxxxx

p.s he can't kick you out as you have tenancy rights, check with cab or housing

Answer 5

I think you basically should ignore the landlord and get on with your life. This bloody guy is not going to take you to court, cause that's a hassle and he's got your deposit anyway (he is not loosing any money). If he keeps calling you, just bar his number, and if you want to speak to him only once, show him why you are leaving and let him know how upset you are about having signed a lease with an absolute liar

BTW, next time you sign a lease make sure everything is put in writing, e.g. if the microwave does not work and the landlord promises he will fix it before you move in, then write it down in the contract and so on (any promise must be in writting).

Good luck!

Answer 6

I have the exact same problem with my landlord! He is a total alcoholic and I didnt know this when I signed the lease because he got his wife to show me around and draw it up. She told me just AFTER I signed!

I know he will not give me my bond back when I move out so I am planning on doing the same thing you're thinking about. Its a huge hassle having him chase you I agree, but if you have already found a place to live then I say just ignore him. When it comes down to it, you are both square at the end of the day, (him keeping your bond and you his last noths rent) you just didnt swap the money!

Good luck & I hope your next landlord is miles better!

Answer 7

if you have signed an assured shorthold tenancy agreement then you are obliged to honour it. If you have left the property in the same condition as it was when you took up the tenancy then he cannot legally withhold your deposit. If you have refused to pay your rent however, he will be able to keep your deposit, unless he has broken his part of the agreement.

Answer 8

In maximum states presently, a landlord won't be able to "kick you out" without 30 days observe previous to the subsequent hire-due date, or maybe then many states require the owner to circulate to court, provide you observe of the court date and, in case you have grounds, provides you greater time to locate yet another apartment. seek for suggestion from a close-by landlord-tenant criminal expert or website to your close by rules and regulations.

Answer 9

yes u are breaking ur tenancy agreement, but the landlord can not remove u from the flat until u fail to pay 3 months rent, so i would just hold out and get to ur new place as quickly as possible.

I ahve the same problem with my landlord, i never hear from him unless my rent is late, if i gotta prob with flat take him ages to fix it

Answer 10

Check you agreement, if he doesn't give you your deposit back then you can take it to a small claims court.

Did you take pictures of the place when you moved in? you may have to prove that you have left the place the way you found it.

Withholding your rent will not help you in the long run, lots of places want a reference from you last place.....