UK Landlord Forum / Life

My former landlord has recently served me with papers threatening legal action for breaching my tenancy agreement by not giving one month's notice before leaving. He is seeking one month's rent plus interest.

The reason I left the property early was because, during the COVID lockdown, he entered my home without my permission while I was not present. While inside, he went through my medication and other personal belongings. This was extremely distressing and made me feel unsafe and uncomfortable continuing to live there.

As a side note, I previously took legal action against this landlord for failing to return my deposit. During that process, I discovered that the deposit had not been protected in a government-approved scheme. I was awarded the maximum damages as a result.

At this stage, I would like to understand what my options are. I believe this claim may be retaliatory following my successful claim against him. However, I am very concerned that he may proceed to court as I do not have the financial means to pay the amount he is demanding.

Any advice would be greatly appreciated.

I'm not a lawyer but I think, if he accepted that you were leaving at the time, then the tenancy effectively ended by mutual agreement. How long ago did the tenancy end, and do you still have copies of correspondence from the time?

I dare say you could also argue that your landlord himself breached the contract by breaching your right to quiet enjoyment.

What stage is the landlord's claim at? Has he sent you a letter before action or has he actually lodged a claim with the court?

Well the landlord is entitled to any rent you owe, but he really should have tried to claim it from the deposit when the penalty was decided. If he didn't he is entitled to try now, but you could possibly counterclaim damages for his breach of the tenancy agreement. This might be enough to deter him.

You don't really have any choice if you can't pay what he wants. His motivation being retaliatory doesn't change anything, it's possible but academic.
If you left without giving the notice required in the contract you were in breach of it, and the landlord is entitled both to compensation for any loss arising from your breach (as a contractual issue) and, seperately any rent that was not paid.

Usually, the most common mistake that landlords make in these cases is that they retake control of the property almost immediately you leave, which usually brings the tenancy to an end. Your most sensible response would be that you agree that you didn't give the term of notice required by the contract, but because he entered the property unlawfully making you feel unsafe, you surrendered the lease which they accepted and that no rent is owed. That might deter them. Most landlords wouldn't want to go to court to have to admit they broke into the property unlawfully.

Quote from: Simon Pambin on January 14, 2026, 09:45:45 PMI'm not a lawyer but I think, if he accepted that you were leaving at the time, then the tenancy effectively ended by mutual agreement. How long ago did the tenancy end, and do you still have copies of correspondence from the time?

I dare say you could also argue that your landlord himself breached the contract by breaching your right to quiet enjoyment.

What stage is the landlord's claim at? Has he sent you a letter before action or has he actually lodged a claim with the court?

It's at the stage of letter before action and my tenancy ended in August 2020

Quote from: jpkeates on January 30, 2026, 09:48:21 AMYou don't really have any choice if you can't pay what he wants. His motivation being retaliatory doesn't change anything, it's possible but academic.
If you left without giving the notice required in the contract you were in breach of it, and the landlord is entitled both to compensation for any loss arising from your breach (as a contractual issue) and, seperately any rent that was not paid.

Usually, the most common mistake that landlords make in these cases is that they retake control of the property almost immediately you leave, which usually brings the tenancy to an end. Your most sensible response would be that you agree that you didn't give the term of notice required by the contract, but because he entered the property unlawfully making you feel unsafe, you surrendered the lease which they accepted and that no rent is owed. That might deter them. Most landlords wouldn't want to go to court to have to admit they broke into the property unlawfully.

So I would need to pay, even though he entered my flat and went through my things? As I said before, this is the reason I moved out. He also kept my deposit (which is the amount of one months rent) surely he wouldn't be able to argue a financial loss because of this? Also I went to return my keys a on the day I said I was moving out and discovered that I had been locked out. This was from the day before the start date of the month he is claiming for. I also have video evidence of this.

You don't necessarily need to pay anything. My point was that the landlord doing something very wrong (which they seem to have done, there's no excuse for that) doesn't just stop them still being entitled to other things. Two wrongs etc.

I'd say that its most likely that the landlord is making a threat to make themselves feel better and/or make you feel bad. If they're really felt that there was rent owed, the time to mention it would have been when your were making a claim against them relating to the deposit as a counter claim. It doesn't stop them making a claim now, but it is a bit odd. And I wouldn't like to try and make a claim when a) you'll point out that they went through your possessions when you were out and b) when they've already lost another case relating to the same tenancy.

If you were locked out of the property on the day you went to return the keys, the landlord has retaken control of the the property (which was my other point) and you both clearly considered the tenancy ended. Which ends any liability to pay rent. If the landlord didn't think the tenancy had ended, locking you out would potentially be a criminal offence.

I'd not pay anything to the landlord. I'm not sure what the "papers" are you've been served with, but nothing about your position really gets any worse by not paying now. I'd see what they do next.

Actually, personally, I'd tell them to shove their threats up their a**e and stop being so pathetic, and that I look forward to seeing them in court. But that's just how I respond to bullying.