Out on my ear after 25 years

Out on my ear after 25 years

9:49 AM, 8th May 2015, About 10 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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Jay James

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16:52 PM, 31st August 2015, About 9 years ago

Reply to the comment left by "nicola wilkins" at "31/08/2015 - 16:40":

What do you mean by 'fight for your tenancy status' ?

nicola wilkins

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17:00 PM, 31st August 2015, About 9 years ago

I moved in 1990
The section 20 not served ( whatever that means ) until 1994
They are claiming we are AST I am saying assured so if i do sign yo say i agree a rental increase will it be as an AST or Assured tenant

Jay James

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17:29 PM, 31st August 2015, About 9 years ago

I get it now.

I think that question may have been discussed on here already.

Dont let him trick you.
--
It sounds to me the sooner it gets in front of a judge, the better.

Matt Wardman

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14:36 PM, 1st September 2015, About 9 years ago

Reply to the comment left by "Mark Alexander" at "30/08/2015 - 19:25":

Nicola

I am not sure that Mark is correct in saying that a Tribunal will set a rent on an Assured Tenancy to the market level for all lcoal tenancies if you Appeal a Section 13 notice from your LL.

I think that the wording you quoted implies that the comparison is with other *Assured* tenancies:

"However, you have the right to apply to rent assessment committee for a determination of the rent which the committee considers (I) that there is a sufficient number of properties in the locality let on assured tenancies and the (ii) the rent we have agreed is significantly higher than the rent which might reasonably be obtained having regard to the level of rents for other assured tenancies in the locality, it will determine a rent for the tenancy."

I think that the Assured rent level is lower than the Assured Shorthold rent for a similar property - just as the market value of the property itself if the tenancy is Assured.

(Aside: some investors even make long-term returns by buying houses with older tenants in situ with Assured tenancies and getting part of their return when the T passes on 5 or 20 years later).

There is more information about the First Tier Housing Tribunal and appealing Section 13 rent increase on the gov.uk website:

https://www.gov.uk/housing-tribunals/

There is also a database of previous decisions linkied from this page, which may be a useful reference if you can make the search facility talk to you:
https://www.gov.uk/housing-tribunals/legislation-and-previous-decisions

However, I would suggest getting advice if you end up going down this route. My knowledge is limited.

Solicitor Tessa Shepperson of the Landlord Law blog has a Clinic where you can ask a question and she will discuss it on her blog in an article without charge.
Might that be of use for specific queries?
http://www.landlordlawblog.co.uk/

Also many solicitors will give you an initial 30 minute conversation at no charge.

Final notes that I haven't noticed others post:

1 - If you pay an increased rent it will mean that you have accepted it as a change to your contract.

2 - If you are going to appeal to the Tribunal you need to do it *before* the new rent comes into force, and as soon as possible.

3 - If at any stage you are offered a cash payment to leave, take advice before accepting. Having vacant possession if you leave may increase the value of a property by tens of thousands - 20% or more is possible.

So in those circumstances such a payment should be substantial, and may even be enough to get you started on a mortgage deposit under a Govt scheme or for a shared ownership property!

Matt W

nicola wilkins

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22:28 PM, 1st September 2015, About 9 years ago

Matt
Thank you so much for this information , very interesting.

nicola wilkins

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18:52 PM, 23rd September 2015, About 9 years ago

So the 'plot' thickens
I have spoken to someone in my landlords office today (higher management) who tells me that it is indeed the owner of the property who wants vacant possession of the premises where I live ......... I am really confused my agreement is with my landlord , and in turn his is with the owner ....there is so much that just does not add up ....bottom line being if their section 21 notice was valid they would acted upon it by now so why have they not ???
It appears that we may be able to get some proper legal advice through our insurance policies but that's a waiting game for now .......... this has been going on for nigh on 6 months now , does this type of thing normally take this long ??? HELPPPP

nicola wilkins

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12:23 PM, 20th January 2016, About 9 years ago

Still here and the matter is no where nearer to reaching a conclusion !!
Thank you to everyone who commented and contributed to this thread , and whilst i am no further foward in my plight i am certaintly more wiser.

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