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

nicola wilkins

15:00 PM, 20th May 2015, About 9 years ago

Thanks again Mark,
So am I right in thinking that if my Landlord cannot produce certain paperwork if this goes to court then the section 21 notice is not valid ?

Just trying to cling onto a bit of hope here .

Paul Franklin

15:54 PM, 20th May 2015, About 9 years ago

If you can demonstrate that your initial tenancy began prior to Feb 1997 and no section 20 was issued along with that tenancy to say it was to be assured (non-shorthold) tenancy then yes, my understanding is that a section 21 would not be valid.

Even if a section 20 was given along with a susbsequent 'renewal' tenancy.

If the landlord cannot prove that a section 20 notice was given with the initial tenancy, then your tenancy will be an assured (non shorthold) and so cannot be ended with a section 21 notice.

Ultimately it will be for the court to decide what type of tenancy you have based on the evidence you and the landlord provide and whether or not the notice is valid.

Having said that I can't see any harm in trying to establish the facts with the landlord and his solicitors before you get to that stage of the court hearing. Keep correspondance of any contact though.

nicola wilkins

16:46 PM, 20th May 2015, About 9 years ago

Thank you Paul

Mark Alexander - Founder of Property118

16:51 PM, 20th May 2015, About 9 years ago

Reply to the comment left by "Paul Franklin" at "20/05/2015 - 15:54":

I concur
.

nicola wilkins

16:54 PM, 20th May 2015, About 9 years ago

Thanks Mark !
You guys have been great , and it is very much appreciated.
N

TheMaluka

9:37 AM, 23rd May 2015, About 9 years ago

This is the problem with "One size fits all" tenancy agreements. As a landlord I need the ability to evict dissident tenants very quickly. I need to be able to evict those who are playing the system; the antisocial individuals who keep everybody awake at night; the drug abusers etc. As a decent tenant I would want and deserve stability of tenure, something all my good tenants enjoy.

Unfortunately you never know when the Vogons are about to build a Hyperspace highway right outside your front door.

Simon Topple

10:20 AM, 26th May 2015, About 9 years ago

Reply to the comment left by "David Price" at "23/05/2015 - 09:37":

But you do know when the house is going to be demolished - it is in the basement of the council buildings, in a disused toilet, in a filing cabinet with a sign on it saying "Beware of the Leopard".

Anthony Wilson

21:45 PM, 31st May 2015, About 9 years ago

Nicola

You need to find out if your tenancy commenced before or after the 15th January 1989.. if before that date you may well be a tenant protected under the Rent Acts and have rights not to be evicted and to apply for a registered rent...

This is an important date.. so you need to be sure .. if you became a tenant before that date and have been in occupation continuously since that date then everything else may be irrelevant,.,. if after that date but before 1996 it is possible you may be an assured tenant ,... not an assured shorthold tenant,.. this gives you additional protection.. you need if possible to find the original documents or if you have lost them.. invite the landlord to provide you with copies.. if you email them to me on twilson@ashleywilson.co.uk i will look at them for you..my details are on the website http://www.ashleywilson.co.uk.
By the way due to the Protection from Eviction Act 1977 no one can evict you from your home without a court order and usually a court appointed bailiff appointment but you could be exposed to significant costs liability if the landlord is entitled to recover possession and is forced to go down this route.

Tony Wilson

Anthony Wilson

21:55 PM, 31st May 2015, About 9 years ago

sorry caught up with the whole chain now... do you remember how you first paid rent... was it by standing order .. if so get the first bank statement which shows a rent payment.. also .. what about records of gas and electricity....bills etc.. the first date you moved in may be important.

nicola wilkins

22:09 PM, 31st May 2015, About 9 years ago

Hi Anthony
The original tenancy began in June of 1990 the first 3 months were rent free due to the state the place was in.
The landlords solicitor has told us in writing that they have no records of us living here from those dates, and that we have to prove our status .
My energy providers , bank and GP have all put into writing that we have lived here since 1990.
I have written back to the solicitors saying that it is my belief that the onus is on them to prove that the section 20 notice was served prior to the commencement of my tenancy , and that i am also willing to meet them to discuss face to face .
Really appreciate your offer , will bare it in mind .
Thank you

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