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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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my landlord has phoned me and told me she wants to move back

Resolved Question:

my landlord has phoned me and told me she wants to move back in in 8 weeks time. I have never defaulted on my rent , have made substantial improvements to the property so it now meets legal requirements that she would not do, I am 66 and would be homeless. I have also turned the garden from a dump into a beautiful place to sit and am heartbroken do i have rights
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.

Thank you for your question. My name is ***** ***** I will try to help with this.

What type of contract are you upon please?
Customer: replied 2 years ago.

i am doing this for a friend and think her contract was open she only has signed paperwork 3.5 years ago, it is a standard contract where her landlord is required to give two months notice but has said she can possibly move back in a years time as she is a good tenant when she rang her Saturday. She has told her in the past that she would never want the property back so lead her to believe she was there for life.

Expert:  Jo C. replied 2 years ago.
That is bad news I'm afraid.

She will almost certainly be on a periodic agreement and they can be ended.

He does have to give her appropriate written notice of no less than two months and he hasn't done that on these facts so she could probably demand a little longer while that is organised. However, its simple enough for him to do and he can put it right.

I'm afraid that he doesn't need a reason to evict her. He just needs to serve proper notice. He can remove a periodic tenant for any reason he likes unless it offends against equal opportunities.

Of course, if she doesn't go upon the notice date then he would need to seek a possession order which would add another couple of months but then she will be liable for the costs.

I'm afraid that unless the landlord agrees there is no prospect of demanding a full year to remain while a move it organised.

I'm very sorry but thats her position and I have to give you truthful information.

Can I clarify anything for you?

Jo
Jo C., Barrister
Category: Law
Satisfied Customers: 69783
Experience: Over 5 years in practice
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