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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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The property owner wants to evict us from the property

Resolved Question:

Hello,
JA: Thank you. Can you provide any more details to help us find you the right Expert?
Customer: the property owner wants to evict us from the property before the end of the tenancy agreement.
JA: Brilliant. Thank you. I'll now take you to a secure page to place your deposit with JustAnswer. Once the deposit is received, we'll continue helping you with your question.
Submitted: 11 months ago.
Category: Law
Expert:  Ash replied 11 months ago.

Hello my name is ***** ***** I will help you with this.

Are you in arrears at all? What type of tenancy do you have please?
Alex

Customer: replied 11 months ago.
Well... She tried to sign us on a contract for shared property where the owner live too. We erased the "shared" clause and signed... I am not sure that we are still fully protected but for sure she can not just wake up one day and ask us to leave...
Expert:  Ash replied 11 months ago.

Who lives in the property?

Customer: replied 11 months ago.
My wife and I
Expert:  Ash replied 11 months ago.

Just you and thats it?

Customer: replied 11 months ago.
There were several issues... She was entering the property without letting us know... She did not put the deposit in DPS. Yes, just my wife and I.
Expert:  Ash replied 11 months ago.

Ok - the Landlord can NOT evict you without a Court Order.

In fact you can sue the Landlord under Housing 2004 for not protecting the deposit and you can sue for x3 this amount.

But the Landlord can't evict you without a Court order and can't evict you before the tenancy ends.

Even then the Landlord must give you 2 months notice, called a S.21 notice.

Can I clarify anything for you about this today please?
Alex

Customer: replied 11 months ago.
To make a long story short, We were looking for long term accommodations but asked short term first just to be sure we like it and that all is well. She agreed and suggested 10 weeks, which now we know is the time she planned to terminate the tenancy anyways.
She agreed to divide the deposit into 3 instalments. When the time of the second arrived we asked IF we can pay later (move the second and third one month ahead). She said no problem. Now she is saying it is qualified for annulment of the agreement which I know it is not... Can we sue her at any time?? Or is it all end when she is giving the deposit back... ?
Expert:  Ash replied 11 months ago.

Yes you can sue now or at the end when the deposit is due.

But to be clear, you are entitled to x3 the deposit if it has not been protected.

But in any event the Landlord can not take ANY step to evict you, unless the deposit has been protected.

Can I clarify anything for you? Alex

Customer: replied 11 months ago.
She can If the deposit has been protected?
Customer: replied 11 months ago.
Problem is that she is trying to squeeze money out of nothing and I am trying to have a point of pressure back...
Expert:  Ash replied 11 months ago.

Yes, but not until the END of the fixed tenancy. Landlord can't increase rent either.

Does that clarify? Alex

Customer: replied 11 months ago.
Sort of... Sorry, I am a bit struggling... it was a very bad experience (i.e she was entering without giving a notice while I am in bed or just out of the shower...). Theoretically speaking, if she will try to do something "funny", can I use the fact that she did not put the deposit in DPS even after she give it back?
Customer: replied 11 months ago.
Expert:  Ash replied 11 months ago.

Correct. You can always sue for x3 the amount even if its protected late.

Does that clarify? Alex

Customer: replied 11 months ago.
Even after she is giving it back????
Expert:  Ash replied 11 months ago.

Yes.
Alex

Customer: replied 11 months ago.
OK... thank you very very much.
Expert:  Ash replied 11 months ago.

If I could invite you to rate my answer before you go today please, otherwise the site does not credit me for the time spent with you today. Thanks and good luck. Alex

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you
Customer: replied 11 months ago.
I rated 5 stars :-)
Thank you very very much.
Expert:  Ash replied 11 months ago.

Thanks. Good luck

Customer: replied 11 months ago.
Can we pick it up from here?...
Customer: replied 11 months ago.
I promise it will be much faster than yesterday :-)

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