Out on my ear after 25 years

Reply to the comment left by "Sue J" at "08/05/2015 - 11:52":

Hello Sue,
Thanks for taking the time to reply .

The landlord isn't telling me anything other than he is within his rights to issue this section 21 notice.

My Gut tells me that he wishes to try and achieve Market rent for the property (I currently pay £640 )
This is not just another rental property , this has been our home for 25 years
why should my landlord reap the benefits of my hard work ?

For obvious reasons I am reacting from an emotional point of view , I am assuming that you are a landlord and are giving your response based on your experience as a landlord (apologies if I am wrong ) all I am asking for is to be met some where in the middle . In my world that's what decent people do.

Thanks again
I do appreciate you reply

Reply to the comment left by "Tony Atkins" at "08/05/2015 - 11:17":

Thank you Tony
Your words , and advice are Appreciated.

Reply to the comment left by "nicola wilkins" at "08/05/2015 - 14:45":

Hi Nicola

I think the advice from Tony Atkins is particularly helpful, especially the part about going to your landlords solicitor with various questions. I think you should also take legal advice.

I also understand how difficult it might be uprooting to a different area. When I was a teenager my father was made redundant. We had lived in the same house all of my life in Staffordshire so my entire support network was there. My parents were really struggling financially so when my Dad was offered a job in Norfolk he jumped at the chance. I was devastated at the time, 17 years of age is an awful point in your life to have to move 150 miles away and find new friends. However, 30 years on I now realise that it was the best thing that could have ever happened to me.

It's funny how lifes challenges can be turned into positives when you have the right state of mind. If you do have to move on, look upon this as an opportunity, even though it might feel like a disaster. You never know how things might turn out.
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I've assumed your very first tenancy wasn't before Jan 1989.

If it started after that, I think the most important thing here is if there was a section 20 notice issued along with that veryfirst tenancy informing you that it was to be an assured not an assured shorthold tenancy.

My understanding is that if no section 20 notice was issued with your first tenancy, it cannot simply be recitifed by serving one for subsequent 'renewal' tenancies. Again my understanding is that it would be up to the landlord to prove that one was issue with the intital tenancy, not for you to prove it was not.

If a section 20 notice was not issued with your inital tenancy which started after Jan 1989 but before Feb 1997 the only way to convert that assured tenancy to an assured shorthold would be to complete a specific form, form 8 on the gov website: https://www.gov.uk/assured-tenancy-forms and if that wasn't done you'll have an assured tenancy and therefore a section 21 notice cannot be issued.

As a side note, I don't think there's anything stopping the landlord getting market rate for the property whilst you're there, as long as the tenancy started after Jan 1989. So I don't know if that would be the reason he's looking to end the tenancy.

Thank you so much for this Paul

So lets just say I make contact with their solicitor and claim that I had never been issued with this section 20 notice , and that I wish for them to withdraw the section 21

what would happen next , am I just delaying the inevitable?

Reply to the comment left by "nicola wilkins" at "08/05/2015 - 18:24":

Hi Nicola

Whether they had issued a section 20 notice or not they would have to go to Court to get an possession order anyway. At the very least this would buy you more time. If they can't prove the section 20 notice was served with the first tenancy then a possession order will not be granted. You will, however, need to file your defence before the possession hearing.

What your landlord could do though is issue a section 13 notice to increase your rent to the market rate after two months.
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I also have a vague recollection of there being a legal requirement to pay £1 of Stamp Duty Land Tax on AST's created in the early 90's. Not sure whether this is also relevant. Anybody wish to comment on this?
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Hello Nicola, maybe if you ask nicely your landlord will give you a reference

A section 13 notice must be agreed upon by both parties. If the rent cannot be mutually agreed then it could go to the local rent arbitration panel and this could go either way! So be careful shouting off about the rent if you know you are on a good thing.
If a solicitor goes to court knowing they are running a risk of losing then they are not practicing in accordance with their codes of conduct and in any case Nicola would then be able to claim costs, which recently I have seen bills of £6k for Shelter appointed lawyers. This simply won't happen, a polite letter, intelligently structured without emotional content pointing out about the age and type of tenancy will suffice to stop them in their tracks. If they don't know the difference between assured and assured short hold then I feel they won't have the experience to evict a tenant on an assured tenancy.
If an assured tenancy is in place then the section 21 cannot be relied upon in court. They would have to evict along a fault basis such as some of the section 8 grounds we use today. If as per Nicolas statements she has been a good tenant then they can't evict her.
The tax issue would not stall or prohibit an eviction. As it is over 6 years ago it has passed its statute of limitations in terms of prosecution.

Tenants of ours rented a house with a bombsite of a garden because the landlord said he wanted very long term tenants - 10yrs plus, which is what they wanted. She is a keen gardener and spent a fortune putting in pond. patio, rockery and hundreds of plants. 18mths in the landlord comes to do an inspection, sees the garden and decides to sell the property and kicks them out.

No wonder landlords get a bad name. I wonder if there is a contract a tenant can get a landlord to sign before spending a lot to improve their property that they will be recompensed for works done should they be evicted.