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.

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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.


  15. #35
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    Default Re: Deceived into renting, had a hellish experience and now landlord wants to sell

    Hi

    Just to update this, and ask advice on the next steps (hopefully I won't get shouted at again in here

    We didn't move out on the 21st December as we were unable to find anywhere right before Christmas. The landlady came to the house the day after the tenancy expired and screamed abuse at me, calling me a mad woman and a liar before trying to barge in to the house with her dogs, wow, merry Christmas haha. I get the feeling the agency may have made us promises without telling them, as she genuinely didn't seem to have any idea that there was a compensation offer made or that we had been offered to stay in January. Or, she's a very good liar.

    The last we heard from the agency was us asking them to stick to their offer to help us find somewhere else to live, they didn't reply to that. Nor did anyone contact us to arrange moving out and handing over keys and the inspection. Its pretty amazing that the landlady turned up expecting us to be gone without a single conversation with her or the agency but hey ho.

    So we've asked for a reference in return for us leaving ASAP but of course the landlord won't give us that. The agency have said they will give us a reference if we leave this weekend, which we can't do, and also that they 'are obliged to give an honest reference', I said fine, does that mean you will be honest about the reasons we have complained and have rent arrears.

    We've been advised that the landlord is applying for an accelerated possession order, which we expected, we again offered to leave ASAP in return for a reference to save him paying the fee but apparently he's already started the process.

    So we knew he'd take this course of action and we really just want to move on now but two questions 1) will we have to pay his court costs even though we have evidence of him offering to let us stay in January? And also, because we've offered to go to save him applying to court in return for a reference?

    I can't believe after the hellish experience we've had as tenants, we're being treated like the bad guys to be honest. The list of issues is just insane 1) moved in to a filthy house which we had to pay to have professional cleaned, 2) the landlord let himself in twice, once whilst I was in the shower 3) 6 months of horrific noise 7 days a week, 4) offered compensation then this was revoked 5) offered help to find somewhere else to live by the agency which was revoked, 5) screamed at by the landlady 6) now court. 7) lied to about the length of tenancy and the house placed for sale when we took the house on the basis we could have it for 2 years. Honestly can't believe that the agency won't just do the right thing and accept that the landlord isn't always right, and actually look after their tenants instead of just the landlords.


  16. #36

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

    The agency doesn't get paid by tenants but by landlords.
    Effectively they are LL agents and so they will always side with them, not the tenants.
    Go through the motions, you should have enough time to find another place.
    I have never seen an eviction order done and dusted in a week.
    At best it would take a couple of months until you're kicked out.
    From the sound of it, they gave you all required documents along with the notice, so section 21 would be valid.
    Regarding the deposit not in the DPS, that's a different matter that you should either use as leverage or sue the LL which would be ordered to pay you 3 times the deposit.


  17. #37
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    Default Re: Deceived into renting, had a hellish experience and now landlord wants to sell

    Quote Originally Posted by king12345 View Post
    The agency doesn't get paid by tenants but by landlords.
    Effectively they are LL agents and so they will always side with them, not the tenants.
    Go through the motions, you should have enough time to find another place.
    I have never seen an eviction order done and dusted in a week.
    At best it would take a couple of months until you're kicked out.
    From the sound of it, they gave you all required documents along with the notice, so section 21 would be valid.
    Regarding the deposit not in the DPS, that's a different matter that you should either use as leverage or sue the LL which would be ordered to pay you 3 times the deposit.
    Sorry the deposit is fine I think. The issues with the paperwork was them not giving us the correct stuff when we moved in, they only sent it with the section 21 which I thought would make it invalid? Also, given they told us we could stay until end of January on 8th November, doesn't that void the section 21 that was sent in October, and also give us a defence as to why we didn't move out on 21st December? We were still waiting for a response from the agent etc.


  18. #38

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

    Yes, that's what you would argue if it gets to court.
    Section 21 notice is still valid, even if extended by mutual agreement like in this case.
    Anyhow, you're still in the property, so stay put and find another place as soon as you can.
    Let the LL know that you'll be out soon, maybe giving them a date would be best.
    Regarding the LL walking into your home uninvited, that's a big no no.
    If it happens again, call the police.
    In the mean time, if I were you I would change the lock.


  19. #39
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    Default Re: Deceived into renting, had a hellish experience and now landlord wants to sell

    Quote Originally Posted by king12345 View Post
    Yes, that's what you would argue if it gets to court.
    Section 21 notice is still valid, even if extended by mutual agreement like in this case.
    Anyhow, you're still in the property, so stay put and find another place as soon as you can.
    Let the LL know that you'll be out soon, maybe giving them a date would be best.
    Regarding the LL walking into your home uninvited, that's a big no no.
    If it happens again, call the police.
    In the mean time, if I were you I would change the lock.
    It's crossed our minds haha! Thanks for your help.


  20. #40
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    Default Re: Deceived into renting, had a hellish experience and now landlord wants to sell

    Quote Originally Posted by nikkikitch View Post
    ...and also give us a defence as to why we didn't move out on 21st December?
    You don't need a defence as to why you didn't move out on the 21st December, that was the deadline for the notice to seek possession. Now that deadline has passed, the landlord can apply to the court for a warrant of possession.

    If that happens, you will receive an eviction notice and will have to move out by the date on the notice otherwise bailiffs can force entry to remove you from the premises.


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