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Deceived into renting, had a hellish experience and now landlord wants to sell

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  • #16
    Originally posted by Morlock View Post
    A Section 8 notice relies on at least one of 17 grounds to start the eviction procedure. Where a Section 8, ground 8 is used, the landlord can give two weeks notice but in order to issue the notice on ground 8, you would need to be in two months rent arrears if you pay rent monthly.

    Even so, after two weeks notice the landlord would still need to apply for a possession order to evict you from the property.
    Thanks so much for your advice.

    Comment


    • #17
      Just to update this:

      We have been told we will be served with a section 21 today so it doesn't give us two months notice and it looks like it's invalid! We were never given the gas safety, how to rent and EPC certificate. They sent them on the 18th October with a letter informing us the tenancy was ending. We also don't have smoke alarms on every floor of our home which I believe is another requirement?

      So we understand that we cant be served with a section 8 until we're in 2 months rent arrears and the section 21 is now invalid. They want us out on 21st December. There's a bit of us that just wants to go and leave the mess behind however it seems like we're in a good position to negotiate now?

      Comment


      • #18
        Originally posted by NickNack81
        Just to update this:

        We have been told we will be served with a section 21 today so it doesn't give us two months notice and it looks like it's invalid! We were never given the gas safety, how to rent and EPC certificate. They sent them on the 18th October with a letter informing us the tenancy was ending. We also don't have smoke alarms on every floor of our home which I believe is another requirement?

        So we understand that we cant be served with a section 8 until we're in 2 months rent arrears and the section 21 is now invalid. They want us out on 21st December. There's a bit of us that just wants to go and leave the mess behind however it seems like we're in a good position to negotiate now?
        https://www.consumeractiongroup.co.u...=1#post5159611

        Comment


        • #19
          Originally posted by NickNack81 View Post
          Just to update this:

          We have been told we will be served with a section 21 today so it doesn't give us two months notice and it looks like it's invalid! We were never given the gas safety, how to rent and EPC certificate. They sent them on the 18th October with a letter informing us the tenancy was ending. We also don't have smoke alarms on every floor of our home which I believe is another requirement?

          So we understand that we cant be served with a section 8 until we're in 2 months rent arrears and the section 21 is now invalid. They want us out on 21st December. There's a bit of us that just wants to go and leave the mess behind however it seems like we're in a good position to negotiate now?
          You can try negotiating now, but your negotiating power will increase once your landlord takes legal advice and gets told what a mess he has made of the paperwork. That will happen following 21 December, when the landlord discovers you haven't budged and/or when he issues proceedings that you defend strongly.

          There's little point telling him at this stage that the S21 notice is wrong. He'll just correct it.

          This is all as long as your landlord is a law-abiding individual. It's not worth having him round on your doorstep with a gun.

          It really depends how aggravating you wish to be and what the downside is for the landlord. If you are in London, he may expect prices to continue to drop. Even a few % off the house price costs him several/many months rent. The prime selling period for him is in the spring - starting February/March. So, he probably wants you out in time to give it a lick of paint and market it then. If you dig your heels in, you can hold his sale up by 6 months, and you might even be completely unevictable.

          So, you have the ability to cause him some difficulty, but it sounds like the penny has not dropped, and he does not yet understand the difficulty he has. You maximise your negotiating position when he issues eviction proceedings, you put in your defence, and he finally understands what's going on.

          And for goodness sake, pay your rent on time in the meantime.

          Comment


          • #20
            Originally posted by 2222 View Post

            You can try negotiating now, but your negotiating power will increase once your landlord takes legal advice and gets told what a mess he has made of the paperwork. That will happen following 21 December, when the landlord discovers you haven't budged and/or when he issues proceedings that you defend strongly.

            There's little point telling him at this stage that the S21 notice is wrong. He'll just correct it.

            This is all as long as your landlord is a law-abiding individual. It's not worth having him round on your doorstep with a gun.

            It really depends how aggravating you wish to be and what the downside is for the landlord. If you are in London, he may expect prices to continue to drop. Even a few % off the house price costs him several/many months rent. The prime selling period for him is in the spring - starting February/March. So, he probably wants you out in time to give it a lick of paint and market it then. If you dig your heels in, you can hold his sale up by 6 months, and you might even be completely unevictable.

            So, you have the ability to cause him some difficulty, but it sounds like the penny has not dropped, and he does not yet understand the difficulty he has. You maximise your negotiating position when he issues eviction proceedings, you put in your defence, and he finally understands what's going on.

            And for goodness sake, pay your rent on time in the meantime.
            Thanks so much, that's really helpful.

            Comment


            • #21
              Hi

              Just to update this, and ask advice on the next steps.

              We didn't move out on the 21st December as we were unable to find anywhere right before Christmas. The landlady came to the house the day after the tenancy expired and screamed abuse at me, calling me a mad woman and a liar before trying to barge in to the house with her dogs, wow, merry Christmas haha. I get the feeling the agency may have made us promises without telling them, as she genuinely didn't seem to have any idea that there was a compensation offer made or that we had been offered to stay in January. Or, she's a very good liar.

              The last we heard from the agency was us asking them to stick to their offer to help us find somewhere else to live, they didn't reply to that. Nor did anyone contact us to arrange moving out and handing over keys and the inspection. Its pretty amazing that the landlady turned up expecting us to be gone without a single conversation with her or the agency but hey ho.

              So we've asked for a reference in return for us leaving ASAP but of course the landlord won't give us that. The agency have said they will give us a reference if we leave this weekend, which we can't do, and also that they 'are obliged to give an honest reference', I said fine, does that mean you will be honest about the reasons we have complained and have rent arrears.

              We've been advised that the landlord is applying for an accelerated possession order, which we expected, we again offered to leave ASAP in return for a reference to save him paying the fee but apparently he's already started the process.

              So we knew he'd take this course of action and we really just want to move on now but two questions 1) will we have to pay his court costs even though we have evidence of him offering to let us stay in January? And also, because we've offered to go to save him applying to court in return for a reference?

              I can't believe after the hellish experience we've had as tenants, we're being treated like the bad guys to be honest. The list of issues is just insane 1) moved in to a filthy house which we had to pay to have professional cleaned, 2) the landlord let himself in twice, once whilst I was in the shower 3) 6 months of horrific noise 7 days a week, 4) offered compensation then this was revoked 5) offered help to find somewhere else to live by the agency which was revoked, 5) screamed at by the landlady 6) now court. 7) lied to about the length of tenancy and the house placed for sale when we took the house on the basis we could have it for 2 years. Honestly can't believe that the agency won't just do the right thing and accept that the landlord isn't always right, and actually look after their tenants instead of just the landlords.

              Comment


              • #22
                Originally posted by nicknock
                Hi

                Just to update this, and ask advice on the next steps.

                We didn't move out on the 21st December as we were unable to find anywhere right before Christmas. The landlady came to the house the day after the tenancy expired and screamed abuse at me, calling me a mad woman and a liar before trying to barge in to the house with her dogs, wow, merry Christmas haha. I get the feeling the agency may have made us promises without telling them, as she genuinely didn't seem to have any idea that there was a compensation offer made or that we had been offered to stay in January. Or, she's a very good liar.

                The last we heard from the agency was us asking them to stick to their offer to help us find somewhere else to live, they didn't reply to that. Nor did anyone contact us to arrange moving out and handing over keys and the inspection. Its pretty amazing that the landlady turned up expecting us to be gone without a single conversation with her or the agency but hey ho.

                So we've asked for a reference in return for us leaving ASAP but of course the landlord won't give us that. The agency have said they will give us a reference if we leave this weekend, which we can't do, and also that they 'are obliged to give an honest reference', I said fine, does that mean you will be honest about the reasons we have complained and have rent arrears.

                We've been advised that the landlord is applying for an accelerated possession order, which we expected, we again offered to leave ASAP in return for a reference to save him paying the fee but apparently he's already started the process.

                So we knew he'd take this course of action and we really just want to move on now but two questions 1) will we have to pay his court costs even though we have evidence of him offering to let us stay in January? And also, because we've offered to go to save him applying to court in return for a reference?

                I can't believe after the hellish experience we've had as tenants, we're being treated like the bad guys to be honest. The list of issues is just insane 1) moved in to a filthy house which we had to pay to have professional cleaned, 2) the landlord let himself in twice, once whilst I was in the shower 3) 6 months of horrific noise 7 days a week, 4) offered compensation then this was revoked 5) offered help to find somewhere else to live by the agency which was revoked, 5) screamed at by the landlady 6) now court. 7) lied to about the length of tenancy and the house placed for sale when we took the house on the basis we could have it for 2 years. Honestly can't believe that the agency won't just do the right thing and accept that the landlord isn't always right, and actually look after their tenants instead of just the landlords.
                So your posting under another user name https://legalbeagles.info/forums/mem...580-nicknack81


                NickNack81, nicknock.

                Comment

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