Can a Landlord evict a Disabled tenant ??? Q re a friends rights .

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treacle86

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Just wondered if anyone has any advice or ideas re this , a friend is registered disabled , they have had various problems with joints and several operations etc , they have lived in present flat for 5years , and always paid rent on time, looked after the place etc , but lamdlord has said lease has run out and they want my friend out .

my friend has contacted local citizens advice etc , local solicitors, housing people etc , but it is all proceeding to court it looks like , I am trying to support my friend as best as I can , but she has a young family and her partner recently left her so she is pretty down , I just wondered if anyone had any ideas or advice re this .


xxxxxx
 
As far as I know, and remember from renting out an apartment, once the tenancy agreement has ended then that is it
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Good luck to your friend hun.
 
As far as I know she has no rights to stay beyond her tenancy agreement- landlords are entitled to end tenancys when they wish as long as they comply with the contract. What does it say in her contract? Most sign up for an initial 6 months then are done on a monthly basis or renewed for another fixed period of time with both parties agreement- either way I believe the tenant has to give one months notice if they wish to leave and the landlord has to give two months notice if they wish the tenant to leave, this should be made clear in the contract. Sorry to hear about your friend's situation though
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As far as I know, there is no right to an indefinite tenancy - which is what your friend appears to want. Given her issues she should get on to the council housing list, she should be in quite a strong position with her current tenancy coming to an end
 
Surely being disabled has no bearing on this.
If the tenancy agreement has run out and the landlord does not wish to renew then yes your friend must move out.
 
i would suggest to her, that maybe she visit her local council, as she'd be entitled to make herself unintentionally homeless, and would be top of the list for a council/housing association place.
 
They would have to serve a section 21 notice to quit, only when the time has elapsed on that can the landlord take them to court.
The sad news is that the tenant will then most likely be asked to leave by the courts by a given date. ( this can take months depending on the area)
Your friend can prolong the proceedings but not the outcome i fear. CIB will be able to help with full details and dates.
It may be possible that the landlord needs to sell the property to raise funds as i know many landlords are struggling to pay their own morgages.
Good luck to your friend though, it sounds like she is due a change of luck.
Teresa.
 
What Tree says is correct. There seems to be no disability discrimination here. Yes, as a tenant your friend has rights, but the landlord also has rights - he is the owner of the property and might want or need to do something else with it.
 
Have to agree that disabilities do not come into it, and once the tenancy agreement term has been reached, the landlord can evict.
 
Thanks guys thats kinda what she has been told by most , forgot to say , that she beleives she entered into a verbal agreement with landlord in Jan 09 when he went to her house to raise her rent by £50 , they both agreed on this and she began paying the new increased rent , no new lease was issued , and at the same time , the landlord asked did my friend like the house , would she be planning on staying long term ?she said oh yes , def , and he said what about like 10 / 20 years ??

i dont want to be having to find a new tenant after so long etc , my friend was very pleased with this and said oh yes , and they shook on it , I was not present then but my friends OH at the time , witnessed it and he is vouching for her .

So i dont think this really changes the facts , as she did not ever get a new lease or anything in writing so i guess that means the original month to month or 6 month lease would stand ??

I dont mean that being disabled should matter in this case , but i just wondered , surely a court would frown on a landlord who had made this "AGREEMENT " with someone , then went back on it and wanting to evict a disabled girl and a young family from a house ??

Thanks everyone , I just think its pretty miserable , altho this landlord has been known to carry on like this before it turns out , my friend is still paying rent and hoping that there may be a tiny chance of success at the court !!

xxxxxxxxxxxxxxxxxx
 
Depends on her Tenancy Agreement and whether Landlord has got all his paperwork in order as there are specific requirements for notices etc but even if he has slipped up somewhere along the line this may only be delaying the inevitable.
I would rec she sees a) the Council as may be entitled to assistance with social housing but also most Local Auths employ homelessness prevention officers who try and prolong peoples rights to their accommadation and can also negotiate as a 3rd party with the Landlord...alternatively and or B) Shelter who employ specialist Housing lawyers who can often present a very strong case for the tenant. As a rule CAB can only give very general advice.
By continuing to pay rent in these circs your friend is presenting herself in the best light by honouring her side of bargain.
All the best with this.
 
Only agreements for the alienation of land need to be in writing in Scotland. The landlord wants his property back, he will get it back eventually, why doesn't she just utilise her time looking for somewhere else? Surely there is more than one flat in Scotland she can live in? If the landlord is so unreliable, why hasn't she been looking already?

I don't think this alleged verbal agreement would make much difference because what matters is the tenancy agreement and correct service of notices. It would only be tacit relocation under the same terms of the lease as to eviction, etc.. But no doubt she will be getting legal aid so can just let it go to court and prolong matters.

What if the landlord needs the proeprty for a disable member of his own family? What if he has lost his job and needs to move in to it himself or sell it? He is after all the owner, the one who has paid the mortgage and deposit, who pays for all the repairs, etc.. Why should he be compelled to rent it to someone when he no longer wishes to do so? You wouldn't get landlords renting to such people as your friend if they thought there was no chance they could get their property back.
 
I don't know if it is the same in Scotland, but if she was in England it wouldn't matter what had been said about the tenancy being "long term". It also wouldn't matter that she doesn't have a lease in writing. Normally lets start out as Assured Shorthold Tenancies for a fixed period, and at the end of that, if nothing else is signed, they automatically become Periodic Tenancies. Once it's a periodic tenancy, by law the tenant has to give one month's notice to vacate, the landlord has to give two month's notice for them to leave.
So, when the landlord wants to terminate the tenancy, they issue the section 21b and get things moving. (Incidentally I get a section 21b signed at the start of my AST's, so that I am ready to move tentants out if needed).
It may be different in Scotland though so your friend needs to check. However... as a landlord I get really fed up with people who want everything their way as tenants and have no consideration for the landlord who has kept a roof over their heads for however long it may be. The landlord's circumstances may have changed, who knows what pressure they may be under? I think your friend should do the decent thing, get on Right Move, register with agents, start looking for somewhere else to live. I'm afraid I get a bit fed up when people's first instinct is not to just do what they should under their contract, but to dodge it and make the landlord's life a misery.
 
Its Short Assured Tenancies here (for a minimum of 6 months) which can be renewed, or if continued on the same or similar conditions without express renewal, are continued by tacit relocation. If this is a short assured tenancy (as opposed to an assured tenancy, which are hardly ever created now except by accident), the landlord will be able to evict, whether the tenant is disabled or not. The law recognises the rights of ownership of property. Thankfully we do not live in a communist state where people are forced to rent out their own properties when they do not wish so. Its better for your friend if she starts looking for alternatives sooner rather than later (and perhaps also to recognise that other people have needs as well as her and the landlord probably has a very good reason for wanting their property back).
 
Thanks guys , some excellent advice and views on this , I have passed all this info onto my friend , and she seems to have followed the most of you guys advice already , she has been advised by our local council and also in touch with shelter scotland and housing assoc too .

She did not know what a foul man the landlord is until recently when others have told her that he evicted some other people .
I understand what some of you are saying about perhaps he has good reason to evict my friend and needs house, or needs to sell or give to a member of his family , but he has told my friend , and her solicitor etc he doesnt have a specific reason , told my friend privately that he doesnt like her and is fed up of her demands!! and he will show her !! ,

her demands were that her sitting room window leaks very badly when it rains and she has waited for months for him to have it fixed , and also before that her central heating was broken for 4days and he wouldnt have his plumber deal with it until the tuesday as it happened on a bank holiday weekend and he wasnt paying his plumber extra time etc .

I have only ever seen this man once , but he certainly sounds not the nicest guy !! he owns nearly all the houses in my friends local area , and is very wealthy .
i Understand you guys saying she ought to look for a new house but i think it is terrible and i hope against the odds that the court may find in my friends favour .

My friend is paying her rent and always has and has all of her receipts for the last 5 or so years , her landlords first point or reason for wanting to evict her , it says on the court paperwork she has , is for non payment of rent ???? this is nonsense and despite being told she has all receipts I think he thinks she is bluffing , but she is not , so when this gets to court , the court will surely see that his grounds for eviction are not correct ? as she has in fact paid all her rent .

sorry , this turned out very long . thanks again everyone xxx
 
I just dont think the fact that she has paid her rent is relevant, that doesnt give her the right to stay there indefinitely! Plus, it is not as far as I know a matter of law in this case that his official reasons for wanting her out have differed from those he has given privately. It would simply not be feasible for landlords to rent out properties if people refused to move on simply on the basis that they have always paid their rent. Hopefully, your friend will find another place where the landlord does repairs anyway but I really dont think she should pursue this I dont think she has a leg to stand on.
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I wonder why he would put non-payment of rent as a ground for eviction otherwise? Maybe there is more to this than you know. I can't see why your friend would be so keen to stay if the house is so awful, the landlord so bad, etc.. She must have some motivation. And it is true that some tenants can be very demanding. They move in and then start demanding extra things, break things and want them fixed without contributing, etc.. Its always more complicated than it seems. You shouldn't also condemn a landlord for evicting tenants. Eviction is just part of the process of renting. It is the ultimate remedy to a landlord and usually they will only use it if all other avenues have been exhausted and the tenant has caused problems (not saying this is the case here). Its expensive, troublesome and a hassle so I doubt anyone would do it just on a whim. And at least this landlord is going about things in a legal manner. It is still his property and he is entitled to get it back. If your friend really is such an excellent tenant and has good references, then she should start looking asap for another flat as she will be evicted at some point.
 
Thanks guys , lIt does seem to be getting more out of control , the plot thickens ! landlord is believed to have a drink problem , which may explain his differing behaviour .

my friend has just received word from a local housing association that she has been offerred a house that is just in the process of being built , she is much better off out of his house anyway , but some of you are being rather pro landlord here .

I know landlords are entitled to their own property etc , but it seems he is hoping that my friend may not have SIX years of rent receipts to prove her rent paying is true and his statement that she has not paid rent is false , I know everyone keeps importanat receipts , but prob not 6 years worth , so that is lucky , as if she only had the last year or so , the court could say well , there is no proof of her paying rent the previous 5 years etc .

it is a lovely house,from looking at the plans she was given today , my friend has accepted the house and is very pleased , altho it is the other side of town , and in a slightly rough ish area , but my friend cant move in until it is completed which will be feb 2010 which will coincide with her eviction dates and court date , so if it doesnt go in her favour she has a house ready to move into , and if she was to be successful at the court hearing she would love to stay in her current house as it is located close to her childrens schools and her horse etc etc .

Thanks guys , I will update you when she knwos the outcome.xxxxxxxxxxxxx
 
I'm pro landlords because I am one. I am also going to the line financially due to the activities of "rogue" tenants.
I don't know what the rent receipts have to do with anything really. I am sure if he went to court to try to sue her for non-payment of rent the case would be thrown out. If she has a year's receipts to show, then they are hardly going to believe he has allowed her to stay in the house with the previous 5 years rent outstanding. This is a lesson to tenants to pay by cheque or direct debit though.
He can evict her regardless. She should leave regardless. Sounds a good plan anyway hearing what a nasty man he is and that her window needs fixing. She will be much better looked after in a housing association property.
 
Me too. Although its not a matter of being pro-landlord here, its being neutral and having respect for the law. Only the tenant's side is being presented here.

I've rarely had trouble with my tenants (although everyone has accidents) but I've heard and seen of horrendous problems some tenants cause. And nothing is EVER their fault. They will move into a property, claim it is "very dirty" straight away to try and avoid losing their deposit should they wreck it. They will seem happy with the property when they view it but on moving in will think they've hit the jackpot and issue a list of demands for extras. Such as wine glasses, coffee makers, new boilers (even though the old one has just been inspected), new carpets, new kitchens, the list goes on. They will phone every day, expecting an inclusive concierge service. (The best one I had was a phonecall late on Christmas Eve one year asking if I could bring round "6-8 wine glasses" because they didn't have any - depsite their not being in the inventory!) It seems some tenants cannot just live in a property quietly and respect it in the way they would their own property.

I've a friend who had to let out her first ever house because she couldn't sell it and split up with her boyfriend. This house was done up to sell and was absolutely pristine. The tenants were a nightmare. They phoned her up constantly moaning. When they did a runner, once she got in, she found it filthy, the carpets and wallpaper were ruined, the garden was full of dog poo, several kitchen units were damaged, etc..

Its too easy to paint all landlords as bad because they are considered the ones with money. However in reality its rarely as cut and dried as that. Your friend sounds like she is getting a nice house to live in, and you probably can't expect to live in the same rented house for years and years any more. And a judge at a court hearing would expect to deal with evidence, not rumour.
 
I fully understand the other side of the coin as landlords can have really horrendous tenants I know this , but I was just posting regarding my friends side of the story , those of you that are landlords and have had rogue tenants I can sympathise with but I am sure you can appreciate there are landlords who are not entirely nice or honest or as professional as yourselves, just as there are good and bad tenants and also good and bad landlords .

My friend has never made any ridiculous demands such as wine glasses etc , she did in fact get a new boiler as her heating went bust altogether , another tenant of my friends landlord has been causing a fuss as their flat has never had heating system serviced / checked or have safety certificates issued , for the past 7 years for any of his properties , including my friends, as well as no smoke alarms or carbon monoxide alarms etc , My friend just installed her own , as did most of his tenants it seems .

While I can grasp what you mean about bad tenants making good landlords lives a misery , My friend has never caused any problems or done anything wrong , and had just agreed on rent increase and a verbal agreement to extend her stay in the house , with the landlord when he out of the blue starts being very difficult re fixing her leaking window , which affects his property , yet he has instead of fixing this , just served eviction papers on my friend .
either way she has been offerred this new build house with the local housing assoc and will move in once it is completed , she will just have to see what happens with the court issue.

thanks x
 
I'd be pro in this case as he wants his house so he is entitled to ask her to leave the the very idea of using disability as an excuse for staying there just because it's convenient is stupid to me and the verbal agreement sounds more like him hoping she might be ready to leave than making an agreement!
Nevermind the fact you're making assumptions now about his drinking etc. so it sounds to me like (presuming he is giving enough notice) sour grapes.
 
Just responding to your comment about being pro landlords.
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Everything I said before that wasn't pro or anti landlords, it was objective advice based on the law.
I hope your friend is very happy in her nice new house. Sounds like a result to me.
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