Out on my ear after 25 years

Out on my ear after 25 years

9:49 AM, 8th May 2015, About 9 years ago 137

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I have been a private tenant for 25 years, living above a commercial premises. 

Totally out of the blue 3 weeks ago we received a section 21 notice from our landlords solicitor. I would like to point out here that we have ALWAYS paid our rent, council tax and water rates.

Anyway, we have received this devastating blow, legally it appears we have not a leg to stand on but surely morals and fair play as well as common sense should prevail here?

I am not asking my landlord to allow us to stay, if he wants us gone then that is his decision, but I strongly feel that he should offer us something in the way of compensation.

1) How the hell am I supposed to pack up 25 years of my life, hold down a job and take care of my son who has a disability in just 8 weeks?

2) Why should I have to go to the expense of storage fees and removal fees, not forgetting to mention the hefty agents fees, deposits and so on I am expected to pluck out of thin air?

3) We have very recently (last 6 months) decorated throughout, new carpets and stuff and it leaves a very bitter taste that our hard works and efforts will be enjoyed by somebody else.

Am I being unreasonable do you think?

Regards

Nicola


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Comments

Martin T

20:46 PM, 22nd June 2015, About 9 years ago

Nicola with that extra knowledge I completely understand why you feel this way. I can only say that your landlord is not acting in a nice way.

nicola wilkins

12:28 PM, 1st July 2015, About 9 years ago

Its a pity that i could not reveal the name of my landlord, most of you would find it shocking !

Luke P

12:39 PM, 1st July 2015, About 9 years ago

Reply to the comment left by "nicola wilkins" at "01/07/2015 - 12:28":

If not against the forum rules, you could reveal your house No. and post code -I'm sure most of us could do the rest...

Paul Franklin

12:48 PM, 1st July 2015, About 9 years ago

Has the s21 notice expired yet nicola? Any news on if the landlord has applied to court for a possession order yet or what they intend to do? Have they conceeded yet that you have an Assured and not an Assured Shorthold Tenancy? These answers may be in the thread but it's got quite long and I'm sure many of us would be grateful of an update of where things are at!

TheMaluka

13:20 PM, 1st July 2015, About 9 years ago

Nicola, please do not reveal any personal details - there are too many predators about.

nicola wilkins

13:38 PM, 1st July 2015, About 9 years ago

The s21 notice has expired Paul, although it does state on or after XXXXX
I had a look as to what forms the LL would need to file and from my understanding I would say he has little to no chance of getting us out on a section 21.
Perhaps he assumed I was just going to leave , although I have notified his solicitor that this will not be the case.

I'm sure the landlords amongst you would disagree but everything seems very heavily weighted in the favour of the landlord (please feel free to correct me if I am wrong )
I strongly believe that my LL can't remove me by the use of a section 21 , but he gets another throw of the dice (so to speak ) by maybe putting my rent up to an unaffordable level which would give me little to no choice but to leave anyway , how fair is that ?

nicola wilkins

13:39 PM, 1st July 2015, About 9 years ago

As tempting as it is David , I wont .

Paul Franklin

14:09 PM, 1st July 2015, About 9 years ago

Ok we'll see what happens then Nicola. It is standard that s21 notices say 'on or after', there is a legal reason for that. If your landlord does apply for a possession order you will be notified in writing and have an opportunity to submit a defence to court.
Your landlord can put the rent up to 'market rents' as far as I'm aware, although you do also have the right to appeal any rent increas to a rent assessment committee. There is a specific form to do that. It's interesting that there's a specific clause in your agreement that links your rent to comparable 'assured' tenancies. That may be important. If you can't agree a rent increase (and it doesn't sound like you will agree between yourselves) the landlord would have to use a formal procedure to increase the rent and must give a least a month's written notice (again on a specific form). Your appeal must be submitted before the increase takes effect.

My understanding is that the rent assessment committee will look at comparables again, as you have an assured tenancy it may be that your landlord cannot increase it to market rents after all; it may be that he can only increase it to market rents for assured tenancies (which are obviously a lower). To be honest though I'm not sure on this but I would be very interested to find out what they do if it gets to that stage.

nicola wilkins

18:39 PM, 8th July 2015, About 9 years ago

I need some help / advice ( I know what you may or may not tell me isnt gospel )
I think my landlord is trying to hedge his bets .......what happens if my landlord fails to gain possesion ?
Thanks

Mark Alexander - Founder of Property118

19:08 PM, 8th July 2015, About 9 years ago

Reply to the comment left by "nicola wilkins" at "08/07/2015 - 18:39":

My bet is that you will receive a section 13 notice increasing your rent to market value.
.

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