Marc Gander - The Consumer Survival Handbook


A 220 page introduction to all things consumer related by our own BankFodder.

Includes energy companies, mobile phone providers, retailers, banks, insurance companies,debt collection agencies, reclaim companies, secondhand car sellers, cowboy garages, cowboy builders and all the rest who put their own profits before you.

£6.99



Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)


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  1. #21
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    Default Re: Deceived into renting, had a hellish experience and now landlord wants to sell

    And you're right, there is information on the links thank you, however it says that we could be served with a section 8 with 7 14 days- 2 months notice, that's a pretty big difference, so I'm trying to understand how it works and what case he has to get us out sooner rather than later if any!


  2. #22
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    Default Re: Deceived into renting, had a hellish experience and now landlord wants to sell

    In that case, then I would today just try and negotiate with him. It is within his best interest to have someone in there until he sells, there is no point in having an empty rental.

    As for the rent, no it would have to be the equivalent of 2 months for a statutory eviction and then it would have to go to court and then the court would have to give you notice.

    Try to talk to him, you want to leave but not until January. He had offered a free month so see if he will put that back on the table.


  3. #23
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    Default Re: Deceived into renting, had a hellish experience and now landlord wants to sell

    There are no reasons why he can serve you a section 8 and even if he did, he could not come around and kick you out after two weeks. He would then have to court and if you did not come under any of the statutory reasons then he would have to argue his case.
    To terminate a fixed term tenancy, landlords need to use one of the common mechanisms, if any of them applies:

    Serve a section 21 eviction notice with a date taking effect on the last day of the fixed term and a minimum of two months between the date it is served and the date it takes effect

    Serve a section 8 eviction notice if the tenant has breached the tenancy agreement (e.g. has entered into rent arrears)

    Obtain a possession from the court and have the county bailiffs to enforce it upon the evicted tenants

    Make use of a special “break clause” in the tenancy agreement that allows them to end the contract early


    He wants you out, but to make you leave is going to cost him time, effort and money. SO it is within his best interest to come to some sort of arrangement.

    NOTHING is going to happen quickly if he goes for eviction. Again, I am no expert but so I am sure you will get some more advice coming along later.


  4. #24
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    Default Re: Deceived into renting, had a hellish experience and now landlord wants to sell

    I have just taken five mins to read your posts on the other site. You have been given clear advice but you keep asking the same question.

    I wish you well, however, I am out.


  5. #25
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    Default Re: Deceived into renting, had a hellish experience and now landlord wants to sell

    Quote Originally Posted by Spudzulu View Post
    I have just taken five mins to read your posts on the other site. You have been given clear advice but you keep asking the same question.

    I wish you well, however, I am out.
    If I had been given clear advice, I wouldn't waste my time asking for clarity. The .gov website and the hundreds of other sites say different things. Some say he can give as little as 7 days notice, some say 2 months. Thanks for your input so far.


  6. #26
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    Default Re: Deceived into renting, had a hellish experience and now landlord wants to sell

    Just to update this:

    We have been told we will be served with a section 21 today so it doesn't give us two months notice and it looks like it's invalid! We were never given the gas safety, how to rent and EPC certificate. They sent them on the 18th October with a letter informing us the tenancy was ending. We also don't have smoke alarms on every floor of our home which I believe is another requirement?

    So we understand that we cant be served with a section 8 until we're in 2 months rent arrears and the section 21 is now invalid. They want us out on 21st December. There's a bit of us that just wants to go and leave the mess behind however it seems like we're in a good position to negotiate now?


  7. #27
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    Default Re: Deceived into renting, had a hellish experience and now landlord wants to sell

    It canít be less than 2 months and does not mean they can turf you out at the end of the notice, they would then have to go to court. Get advise on how valid the notice. If it is invalid I would wait to go to court then they would have to serve another notice and another eight week wait.

    As for negotiating, you tried that and you went from the end of January with that month free to having to be out on the 21st of December. Either he is not to be messed with or negotiation is not your strong point.


  8. #28
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    Default Re: Deceived into renting, had a hellish experience and now landlord wants to sell

    Quote Originally Posted by Spudzulu View Post
    It canít be less than 2 months and does not mean they can turf you out at the end of the notice, they would then have to go to court. Get advise on how valid the notice. If it is invalid I would wait to go to court then they would have to serve another notice and another eight week wait.

    As for negotiating, you tried that and you went from the end of January with that month free to having to be out on the 21st of December. Either he is not to be messed with or negotiation is not your strong point.
    Thanks for your advice but I really don't understand why you keep being so negative towards me! You're not our landlord are you haha!? :P

    It definitely is invalid. My point is, the notice cannot at any point be valid as we weren't given the gas safety certificate, the EPC certificate or the how to rent guide. The agency sent them last month with the end of tenancy letter. It is my understanding that they HAVE to be given to tenants prior to moving in. How can he apply for another possession order as he can't change the fact that this process wasn't followed?


  9. #29
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    Default Re: Deceived into renting, had a hellish experience and now landlord wants to sell

    Which bit is negative, did you not have the offer on the table of leaving at the end of January and then you did something that made the landlord retract that offer and want you out...do you class that as being successful? I feel you may think that you are in some kind of position to negotiate. You were and then now you are not. The LL has served you with the required documents and that is all he is required to do BEFORE he serves you a section 21. It will not void one served after the required documents.

    It is a shame you see my advice as being negative, I wish you well.


  10. #30

    Default Re: Deceived into renting, had a hellish experience and now landlord wants to sell

    Quote Originally Posted by nicknock
    Thanks for your advice but I really don't understand why you keep being so negative towards me! You're not our landlord are you haha!? :P

    It definitely is invalid. My point is, the notice cannot at any point be valid as we weren't given the gas safety certificate, the EPC certificate or the how to rent guide. The agency sent them last month with the end of tenancy letter. It is my understanding that they HAVE to be given to tenants prior to moving in. How can he apply for another possession order as he can't change the fact that this process wasn't followed?



    If your so convinced you right about the s21 or anything else, go to CAB or a solicitor get them to check and stop disagreeing with everyone on CAGicon and on another forum.

    https://tinyurl.com/yae3zzry


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  11. #31
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    Default Re: Deceived into renting, had a hellish experience and now landlord wants to sell

    Quote Originally Posted by 45002 View Post
    If your so convinced you right about the s21 or anything else, go to CAB or a solicitor get them to check and stop disagreeing with everyone on CAGicon and on another forum.

    https://tinyurl.com/yae3zzry


    ....

    Eh!? I'm totally lost now? I haven't disagreed with anyone?


  12. #32

    Default Re: Deceived into renting, had a hellish experience and now landlord wants to sell

    Rent 1 day late is grounds for s8 g 10,11 repo, (discretionary)


  13. #33

    Default Re: Deceived into renting, had a hellish experience and now landlord wants to sell

    What about the deposit as doesn't that have to be kept in some sort of special account?


  14. #34

    Default Re: Deceived into renting, had a hellish experience and now landlord wants to sell

    You can vacate T on last day of Fixed Term, without Notice.
    Beyond that, you are req'd to give min 1 month NTQ to expire at end of next valid Rent period, and liable for rent until then.
    LL can serve s8 for a discretionary g10 or 11, even if the Mandatory g8 (2 month rent owing) is not fulfilled.
    Negotiate early Surrender with LL asap.


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