Landlord and Tenant Dispute Case Study
See below for a Case Study featuring a dsipute between a Landlord and their Tenant by hartlandwatkins Solicitors
The Tenant is a young single Mother; she has two children under 10 years of age; she has rented a house whereby housing benefit pays a large proportion of her rent and she has to make up £50.00 per week shortfall.
The Tenant is struggling to make the shortfall and falls into arrears; Landlord attends her property to discuss the arrears, she informs him that she cannot make the shortfall. The Landlord tells her that she should leave the property at the end of that week and if she does so, he will wave the arrears owed.
At the end of the week the Landlord attends the property, the Tenant is still in occupation, the Landlord tells her that she promised to leave so she must, he tells her he has another Tenant waiting to move in. The Landlord tells her that if she leaves Tthat day he will arrange for a van to move her furniture. The Tenant agrees and vacates.
The Tenant moves back in with her mother until she is found alternative accommodation with the Council; Landlord moves new Tenant into property who can afford the shortfall.
Some two weeks later the original Tenant attends the homelessness department of her Local Authority; the homelessness officer arranges an initial interview, in that interview he asks her why she left her previous property; she explains that she could not afford the shortfall and so the Landlord asked her to leave at the end of the week because he had another Tenant lined up who could pay.
The officer asked for a copy of the notice from the Landlord and/or a Court Order (she could not produce it); the Clerk told her she had made herself homeless so he discharged his duty to rehouse; she then explained that she did not leave voluntarily but she was forced to; the Clerk then explained that she had been evicted unlawfully and she should speak to one of their Solicitors.
Conclusion:
The Tenant sued the Landlord for thousands of pounds in damages.
How could this have been avoided?
By serving a valid notice and obtaining a Court Order.
For more information on our landlord tenant law services, simply contact us here.
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