Out on my ear after 25 years

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.

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

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…

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!

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

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 ?

As tempting as it is David , I wont .

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.

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

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.
.