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 January 2011 - Comments: 12209 - Articles: 1408
12:22 PM, 2nd June 2015, About 11 years ago
Reply to the comment left by “nicola wilkins” at “02/06/2015 – 12:12“:
Hi Nicola
If they serve the correct notices in the correct manner, yes they would. Your landlord has a legal right to be able to charge market rent.
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Member Since May 2015 - Comments: 59
1:20 PM, 8th June 2015, About 11 years ago
So its all gone quiet ………
May i ask about the court process
When the landlord applies for a court possesion order ( if it gets that far ) would he have to produce the first tenancy agreement between us or the last ??
Member Since January 2011 - Comments: 12209 - Articles: 1408
1:24 PM, 8th June 2015, About 11 years ago
Reply to the comment left by “nicola wilkins” at “08/06/2015 – 13:20“:
The landlord would, all you would need to prove is that you lived there.
The burden of proving the right to evict under section 21 rests with your landlord. Therefore, he must be able to demonstrate that he served the correct notices. Clearly he can’t, so the case must be dismissed.
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Member Since May 2015 - Comments: 59
5:10 PM, 8th June 2015, About 11 years ago
Thanks Mark
I cant stand all of this not knowing…..
Perhaps they think that i am going to up sticks and just go in just over two weeks ( as per the sec 21) thats not going to happen , but the waiting game is very stressful!!!
I cant stand the thought of court hearings etc …..
Member Since January 2011 - Comments: 12209 - Articles: 1408
10:49 PM, 8th June 2015, About 11 years ago
Reply to the comment left by “nicola wilkins” at “08/06/2015 – 17:10“:
I understand, but sometimes you just have to fight.
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Member Since May 2015 - Comments: 2204 - Articles: 2
9:28 AM, 9th June 2015, About 11 years ago
If you are in the South East I will willingly come along as your “McKenzie friend” to give you moral support should your case end up in court.
Member Since January 2011 - Comments: 12209 - Articles: 1408
9:40 AM, 9th June 2015, About 11 years ago
Reply to the comment left by “David Price” at “09/06/2015 – 09:28“:
That is a wonderful offer David, may I pass on your email address to Nicola so that she may get in touch offline?
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Member Since May 2015 - Comments: 2204 - Articles: 2
10:15 AM, 9th June 2015, About 11 years ago
Yes Mark of course you may pass my details to Nicola, although I hope that it will never come to court.
I spend my court time evicting tenants for only two reasons, antisocial behaviour and serious rent arrears. Despite my tenancies being initially only six months I have never and will never deprive someone of their home as long as they behave. Helping someone keep their home will make a welcome change.
Member Since May 2015 - Comments: 59
10:45 AM, 9th June 2015, About 11 years ago
Good Morning to you both
Thanks again for your comments .
Mark i am a fighter , but boy it is hard.
David i have no idea what a “Mckenzie ” friend is but thanks for the offer .
I did glance at your profile and we live some distance apart ( my geography is not so great either )
Member Since May 2015 - Comments: 59
10:53 AM, 9th June 2015, About 11 years ago
David
I just checked on google ……..i am rather overwhelmed
The kindness of people here has REALLY been amazing