Landlord wants to cancel lease

Social Caios

I have a 40 week lease with my landlord that we have both signed and tonight at 9pm 31st august I get a phone call from her and listen to her rant on for 30mins that she wants me to leave because she had trouble with tenants be4 and there was a complaint of loud music.

The lease is from 1st September but I moved in a week early, also there is another house mate here this week who was getting up at 6am every mourning for work and going to bed at 10.

So why on earth would I play loud music,

and is it legal for her to tell me to move out like that, with no proof that it was me playing the music, and btw it was'nt me.

I don't even know what shes on about,
honestly i think she wants to change her mind, and shes making up bull.
She also told me the other day she wasn't impressed by all my tattoos.

This is not a piss take thread as i can see how it may sound like that.
and am i entitled to stay for my 40 weeks?

RATM

I think you can stay for 40 weeks. Usually the way out a landlord has on a lease is that they intend using the property for themselves. Since they didn't mention it and she is trying to evict you on anti-social grounds then she would need to prove that it was you playing the music first before she could kick you out.

Now the only bit that might trip you up is that the music incident *allegedly* happened when you weren't covered by the lease. But because you are now in situ and because today is the 1st of September I would think the landlord would still have to go through taking a case to the PRTB to get you evicted. An impossibly difficult case to prove and one that they would almost certainly lose.

So I'd say you're fine. Tell the landlord again that you weren't playing music loudly late at night and that your neighbours must have the source confused. Also tell them they should have proof when leveling those sorts of allegations and that the neighbours say so isn't proof, it's nothing more than hearsay.

Examine your lease back to front. Ensure it doesn't have a back out clause useable within a given time frame. So long as it doesn't then stand your ground if you want to stay. But even if you do stay also consider that if the landlord is like this now they may not be great down the line either.

djimi

She has absolutely zero grounds to try and remove you. There is no get out clause for a landlord when it comes to a fixed term lease (with the exception of non-payment of rent or serious anti-social behaviour); none of the clauses that are in a part 4 tenancy allowing the landlord to break the lease apply to a fixed term.

First of all, if she has any complaint with you whatsoever of this nature then she must put it in writing. If she wants to start an eviction then there is a process which she must follow. Letters of notice must be given which give the tenant a chance to rectify whatever the percieved problem is. And most of all there must be a valid reason, which at the moment it sounds like there absolutely isnt.

If she persists with this then contact the PRTB and lodge a case against her. It might be advisable to write to her and request that all future correspondance is done in writing, on any matter. This way you will have a copy of all correspondance, back and forth, should you need it at a later date.

who_ru

is your tenancy registered with the PTRB?

she has no grounds to remove you at all.

odds_on

The following is assuming that your "lease" is a tenancy lease and not a in fact a licence agreement for 40mweeks, where the contract is that you are living in the same property and sharing facilities with the landlord. In this case, the landlord is entitled to ask you to leave at any time (but usually a notice period of the same time as you pay the "rent", i.e. weekly or monthly. Just because a contract to rent says it is a lease (whether fixed term or Part 4) does not necessarily imply that it is a lease - it depends entirely on the situation between the landlord and "tenant" living in the same property and sharing facilities or not.

As djimi says, provided you are a tenant and not a licensee/lodger, if the landlord has a problem, she must first put it in writing. This is to give you an opportunity to remedy the problem. Only if you fail to remedy the problem "within a reasonable time" can she then issue a valid Notice of Termination.

Again, this is a fixed term lease for 40 weeks - very precise, no arguments as to when it expires.

If it were a PART 4 lease, (and Part 4 leases are exceptionally rare as a first lease) the landlord has the right to terminate a tenancy during the first 6 months without giving a reason.

Ken.

In a house myself and a friend rented a few years back the neighbour hated that the house was rented and complained all the time about noise coming from us(and previous tenants).
She was finally shown for the liar she was when she complained one weekend about noise and my friend and i were able to show the landlord our ticket stubs and 500+ photos from our weekend at oxygen/witness.

My point is that maybe a neighbour is complaining cause they don't like the house being rented.