Evicted on false grounds

Tenant Discussion
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Sorry for a lengthy post, though unfortunately it’s a long story.

In April 2023, I received a text from my landlord informing me that my rent would be going up £100 due to her increased mortgage costs. It came as a big surprise to me for two reasons, the first being she was well aware I’d lost my partner suddenly just four months prior and secondly, because of the government 3% limit on rent increases.

To her credit, she was understanding when I explained I was still trying to find my feet financially in horrific circumstances, though insisted on a 3% raise instead - informing me her son would send a new contract.

Fast forward to September and I still had no contract from the LL, though out of the blue, I received an email from her son informing me that his mother planned to move his sister into the flat I was renting and would like to do this in January.

I don’t want to use grief as a crutch or an excuse for anything in relation to this situation, though it’s understandably been an exceptionally tough last 14 months or so. I looked into the eviction process and was informed by the LL I’d have until the end of the year after being issued with a notice to leave.

Shortly after, the LL was back on the text, asking why I hadn’t paid the amended rent amount, when I said she hadn’t sent the revised contract she replied ‘you didn’t ask for one’ (that was true, she said she’d get her son to send one and it’s certainly not my responsibility to ask for one).

Her son then contacted me by email saying he felt they should forego an increase because I was being ‘inconvenienced’ by their decision, though retracted that offer when he discovered I could have up to 180 days before being evicted.

I was exceptionally lucky that I was able to source a new flat, it has cost me a lot of money and stress to do so - but I had real fears of not having a roof over my head.

You can imagine my dismay when I went past my old flat the other day to find a ‘To Let’ sign outside, they’ve simply put the flat back on the market at a higher rate, strong arming me out for their own greed.

I’m not willing to let this lie, she’ll do this time and time again - I guess it’s just working out how I take my complaint forward?

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Government rent increase of 3% only . Which country is this in? First I have heard of it if in England

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It’s Scottish law.

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Got it a "temporary " thing

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But totally unjust to try raise rent by above 3% when the law is in place?

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The law is the law Sneaky landlord, Wonder what the “unless there is an increase in certain costs” applies to?

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One word for it. Has there anybody had experience of tribunal with such matters? I’d think I’ve a very good case for wrongful termination.

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if this is in Scotland, my knowledge of English law might not apply here. Firstly, they wanted to put the rent up considerably more than 3% and, if they weren’t allowed to do it then, would have done so when the freeze ended so you’d probably be facing it shortly. Sounds like you’ve ended up in a better place with LLs who aren’t against you.

You were right that you didn’t need to pay the demand without a notice to do so. Even then, you could have taken it to a rent tribunal although if it was 3% that would have simply soured the relationship. But, again, if they’d followed the rules, they would have got you with a rent increase eventually.

A lot will depend on how you left the tenancy. if you gave notice and handed over keys then you left voluntarily so I don’t see how you have a case. It’s mean, but it’s not illegal.

Greed is a strong word. You might be right, but it might simply be that their costs have increased and they need the cash. It’s their asset and it’s up to them to manage it to maximise their return on it.

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Thanks for your reply, it’s in Scotland.

I only sourced a new place on the basis I was served a notice to leave on false grounds - that part and given the circumstances doesn’t make me feel greed is too strong.

There are ways and means of handling matters and I just think how they’ve done so is pretty despicable.

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I understand that you feel you’ve been screwed over here and assume that their motives are “false” and motivated by “greed”. You currently have no evidence of that. Just something to bear in mind, particularly if you do actually want to take legal action. Revenge is best served cold.

You said “I was served a notice to leave on false grounds”. I assume the reason given was that a family member was to move in. In Scottish law, they need to provide evidence for this ground which “could include an affidavit stating that this is what your family member intends to do.”

What was the form of the notice issued to you and supporting evidence for the grounds? What documentary evidence do you have of communication between you and your old LL? Did you oppose the order? If you did not and found alternative accommodation, your case may be weakened by existing case law (see https://housingandpropertychamber.scot/sites/default/files/Eviction_Civil_Decisions_FOLDER/Written%20Decision%20(with%20Statement%20of%20Reasons)%2021.1586_Redacted.pdf)

Note that a family member only has to use it as their main residence for three months and then they can do what they wish with the property.

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I feel I do have clear evidence though, they listed the property online a month after moving me out. I’ve a written trail of their claims that they were moving in their daughter.

I was issued a ‘Notice to Leave’, and as I said have all the comms by email and text with the LL. I clearly stated how much of a stress this was going to cause, though at the end of the day, they had presented a genuine reason for me to move out - I had no choice.

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After doing a bit more digging, Shelter Scotland’s website says the following:

You can apply for compensation when all of the following apply:

  • your landlord gave you an eviction notice, called a notice to leave
  • the notice to leave had 1 or more [eviction grounds]
  • your landlord gave false information on the notice to leave, or misled you by using the wrong ground
  • you moved out of the property
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So, a few things here:

  1. You were not evicted actually. You decided to leave after they indicated they wanted you put. You could’ve fought it if you wanted to.

  2. What recourse do you think you have? It’s not illegal for a LL to want to move you out.

  3. How much were you paying and how much is it on for now? Are you upset because your rent was lower than comparables?

  4. You must understand that LLs are in this to at least cover their costs or make profit. Not to be a charity organisation. Haven’t you noticed interests soaring, maintenance prices soaring etc. ? Would you expect the LL to make a loss? On one of my properties I went from a £400 profit/month to a £50 loss/month in one year despite new tenants paying £100 more each month. That’s how the costs are soaring now!

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All they need to do, in order for you to fail in your claim, is to state that their daughter changer her mind and did not move in…

Also, what are your losses? What is the end game? Apart from the fact you are angry and want revenge?

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Becoming very clear this is a landlord forum rather than one for tenants - but I’ll respond regardless.

  1. I was served a legal document telling me I had to leave, I’ve had enough turmoil in the last year without spending every day wondering if/when I’d be left without a roof over my head.

  2. If the tribunal finds the LL has served a wrongful termination, she’s liable for up to six months rent in compensation - going on Shelter’s advice, all points apply to this case.

  3. I was paying £782 a month (she put the rent up by 3% as advised, which is the maximum she’s legally allowed to). I’d stayed there for four years and had been subject to three rent increases, my rent was in line with those living around me.

  4. No, I’ve not noticed costs rising, not even heard any one discussing such a thing :woozy_face:…behave! This is a woman with 16 properties, having her put her hand in her pocket for any sort of maintenance has been nigh on impossible, there’s absolutely no way she was making a loss on the property. Yet, if she’d come and discussed the matter with me there could have been scope for come and go, instead she lied and in my view took advantage of me knowing the circumstances.

It won’t be as simple as just saying her daughter changed her mind, she’s been caught out manipulating the truth (stopping short of saying what I really believe here).

I’m not angry, I’m very level headed about matters and can assure you that my outlook is life is far too short to be angry about someone who clearly doesn’t give a toss about me. She’s broken the rules and deserves what comes to her next, there was a great deal of emotional and physical stress caused by the situation, and this was heightened of course given that I was and still am grieving. At relatively short notice I had significant moving costs, have had renovations to pay for and have endured more upheaval at a time where it has been difficult to function.

The end goal, that she doesn’t put anyone else through this sort of turmoil, that she no longer can operate above the rules.

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i cannot believe you have not seen costs rising. Behave…You do not buy food??

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Think that comment has flown well over your head Colin…

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Is this your landlord?
Google “property 118 scotland tenant bringing up notice after i failed to sell”

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No, that’s not her.

The property discussed there appears to have been put up for sale before being rented out again further down the line.

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And your certain that the property of which you were a tenant was not advertised for sale?