Out on my ear after 25 years
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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Member Since May 2015 - Comments: 59
7:20 PM, 30th August 2015, About 11 years ago
Thanks Mark
Comparable with assured tenancies or assured short hold ?
Member Since January 2011 - Comments: 12209 - Articles: 1408
7:25 PM, 30th August 2015, About 11 years ago
Reply to the comment left by “nicola wilkins” at “30/08/2015 – 19:20“:
Comparable with market rent as I understand it, the basis of tenancy being irrelevant.
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Member Since May 2015 - Comments: 59
7:40 PM, 30th August 2015, About 11 years ago
Thanks Mark
So back in 1990 in signed an agreement that says my rent shall be comparable to other assured tenancies in the locality ?
I accept that there may have been very few AST ‘s back then , but cant get my head around how now my rent is comparable with those that have an AST vs those that dont …
Not being argumentitive just curious ..if you get what i an trying to say ?
Member Since January 2011 - Comments: 12209 - Articles: 1408
7:51 PM, 30th August 2015, About 11 years ago
Reply to the comment left by “nicola wilkins” at “30/08/2015 – 19:40“:
You didn’t sign an agreement which said your rent needs to be comparable to a specific type of tenancy, you signed an agreement which said your rent will be compared to other rents charged for comparable properties.
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Member Since May 2015 - Comments: 59
7:58 PM, 30th August 2015, About 11 years ago
I’m confused …..
Thanks for the feedback Mark.
Member Since October 2014 - Comments: 423
9:04 PM, 30th August 2015, About 11 years ago
So, after much ado are you staying or going?
Member Since May 2015 - Comments: 59
9:25 PM, 30th August 2015, About 11 years ago
Jay
My landlord has been unable ( or so it seems ) to evict under s21
I am guessing because of this that they will increase rent to an unrealistic amount ( for me ) which means i shall have to leave if i were to be unsucessful at a rent tribunal …..
On a side note it appears from digging around that my landlord has outed other reliable tenants under sec 21 and the pretence of “only leasing the commercial premises ” and then moving in new tenants on higher rents!!!
Member Since May 2015 - Comments: 2204 - Articles: 2
9:03 AM, 31st August 2015, About 11 years ago
Reply to the comment left by “nicola wilkins” at “30/08/2015 – 21:25“:
Nicola you are made of sterner stuff than the ousted tenants, sit tight and appeal any unwarranted rent increase.
Member Since October 2014 - Comments: 423
3:49 PM, 31st August 2015, About 11 years ago
Sounds like a landlord that decides to try and change the goal posts because a long time has past. He knew the situation 25 years ago and now decides he doesnt like it.
The question seems to be what other rents are being charged.
Can anyone categorically say what the comparator is for rent?
Is this determined by the rent contract, regulation or case law?
Member Since May 2015 - Comments: 59
4:40 PM, 31st August 2015, About 11 years ago
Jay I can answer part of that
There are 10 properties here , 1 is a 4 bedroom the remainder being 3 bedrooms
I have obtained copies of the rental agreements of some of the other tenants
the av rent paid by them is a sum that we offered to pay the landlord ….refused …
I checked the local council web page and there are no comparable properties of this type in the borough .
It really irks me that the law says there are only two ways in which a tenant can be lawfully evicted …sec 21 and sec 8 ….. and yet they get another throw of the dice by trying to up the rent ……
What I am also curious about is , lets such say they agree to continue to rent to us ….. do I still fight for my tenancy status ?