OP. You probably have (from my limited reading) an "agricultural holding" as opposed to an assured tenancy. I would STRONGLY advise that you seek professional legal advice urgently. I feel that the advice you are going to receive on this forum (or probably many others) is going to be extremely limited. It is certainly an area of law I have no knowledge of.

Raydet - this isnt an AST, it is excluded. As such, it is a contractual tenancy only I would surmise. Therefore, whatever terms are in the contract will be the notice that needs to be given, and almost certainly not in a prescribed format. However, I am now rapidly heading out of my comfort zone.

Lets see what comes back from the housing officer and comment from there. I must simply stress that you should avoid putting yourself in a scenario where your safety is in question. Should there be a threat of physical violence, I would suggest that you do call the police. If he simply refuses to leave, ask your council housing officer if they can give you any support in that scenario. Alternatively, just let him sit there until he gets bored

Has he just given you notice in writing to leave, or notice formally under Section 8 of the housing act? Some of the actions of the landlord could constitute unlawful eviction. An AST cannot be set up for a property that has mroe than 2 acres of "agricultural" land - so I guess this depends upon the nature of the land. There are some quite complex issues here that need addressing. Did you in fact verbally agree to pay double the rent as listed on the agreement? It is not entirely clear from what you have said.

Ed, the fact that holding over exists, and the explicit circumstances around it include (very specifically) the exact circumstances listed here, I would suggest that it in fact absolutely reinforces the point that no tenancy exists following the expiry date of the notice given. Otherwise, why would holding over exist if it couldnt be used?

My personal advice would be as follows. I would forget about the deposit protection for now, as any further attempted enforcement may result in eviction proceedings. I would park it, and bring it back up when you know you wish to leave.

Subbing.

Very welcome. Please let me know how you get on, am interested to see the response. I expect more likely than not that you will just have more bluster back from them, so be prepared to take them to court. Its a pretty cast iron case though.

It doesnt SOUND like a [problem] to me, purely because if that was the case I have no idea why they would then send someone out (a friend or whoever) to even entertain looking at the car. The question is, what were your actual out of pocket expenses as a result of the fault? And, what was the exact wording of the advertisement regarding the mechanical state of the car? Your rights are very very limited due to this being (apparently at least) from a private seller. Worth noting that this is why with private car purchases, ALWAYS worth spending the £90-100 on an independant vehicle check before purchasing.

OK I will act a practicality question rather than "letter of the law" question. Other than that issue, are you generally happy in your tenancy, and are you wanting to remain there for an extended period of time?

3.63% is the current rate.

This situation is really quite straightforward. It is up to the landlord to decide on deductions. As so long has passed, and clearly no checkout inventory was performed by the landlord upon you leaving, they can prove no deductions whatsoever, so you are fully entitled to the entire deposit back, regardless of what the tenants or the landlord states. Was the deposit protected in a deposit scheme? In any event, suggest you write the following to the landlord. Dear Sir/Madam/Moron, I write regarding my tenancy with yourselves which ended in April, and the ongoing situation regarding the return of the deposit from said tenancy. As I am sure you are aware, the act of myself leaving the property in April ended the full joint tenancy for all of us at the time. As such, you as landlord had a responsibility to perform a full check of the property at this time, deduct any dilapidations from the deposit, return the deposit to ALL tenants, and then commence the new tenancy by taking deposits from the new joint tenants. As this was not performed at the time, and as the property was vacated in good condition, you therefore have no right to either deduct any amount from my deposit, nor to continue to withhold repayment of the deposit. I have been very patient with this situation up until now, but I have unfortunately now reached the position where I must get this issue resolved, as you have zero legal basis to continue withholding the deposit, partially or in full, from me. As such, I would like to receive by return a cheque for the full amount of £xxx.xx to put this matter to rest. Please note that having investigated my legal position in this matter, I see absolutely no need to enter into any further conversation regarding this. As such, if I do not receive the above cheque within 7 calendar days of this letter, I will proceed to lodge a claim in county court to enforce the repayment of my deposit, and I will at this point add on interest charges and other costs incurred by myself as a result of your failure to adhere to your obligations. I look forward to your response. Yours Sincerely, xxx

If and when you get his address, I will assist in drafting up a formal letter. Should you not get an address, you may be forced to give it to him in person.

OK, having thought about this, I would do the following. - Text the landlord back today, saying simply as I put above - that unfortunately due to the notice being insufficient you are unable to vacate by this date. Also, ask him for his contact address so you can formalise this. Also state that as of now you wish all further communication to be in writing (i.e. letter form) only. - If you have not already, seek to put a lock on your door. If you have, and the landlord has keys, get the lock replaced. - Contact your local housing officer at the council as a matter of urgency, advising that you are concerned that you are about to be imminently unlawfully evicted. - Perform a search on the land registry to try and find his contact details. - Stop paying any and all rent from now, BUT place this in a seperate account. - Free up your days if at all possible for the 31st July to the 2nd of August, so that you can be in the property at all times if required. This is a real "out there" question, but is there any indication that the landlord could be aggressive or violent? Clearly my advice is correct legally, but you should not perform any actions that may endanger your safety. If this is the case, better to be unlawfully evicted and claim back later.

Ah, brilliant situation. Very quick question before I advise - did you sign individual tenancies, or a joint tenancy?

The legal position to my mind is quite simple. The contract itself, whatever it may be, can be enforced. As I say, you need to get sight of the contract. Whether your mother in law knew the implications or not is, unfortunately, irrelevant - she had a responsibility to ensure she was aware of the implications of the contract before she agreed and signed it. I think one thing that you need to be aware of is that this was your MILs asset and money, not the "inheritance" of the rest of the children. Fair or not, she, at the time of signing the contract, had the right to do with it as she wished.

At this stage, do nothing - I will be about tomorrow. May be worth trying to get his address. If I was you I would be tempted to do a land registry search on your own property to find the details of the owner.

So, can you just confirm for me - the tenancy agreement itself has NO address on it? Just a name? For the landlord contact details? This all really strengthens your position. Just about to leave work for the day so cant reply in as much detail as I would like. But. - The invalid notice means that he will need to re-serve valid notice. - When he proceeds to court to evict under said notice, he will be denied, as the deposit is not protected. - He will then need to protect the deposit and proceed again. - All the while, with no address on the tenancy, technically speaking - no rent is payable. He is going to have a hell of a job getting you out LAWFULLY within the next...6 months or so I would have said on the basis of the above, if you play your cards right. It is the potential for unlawful eviction that concerns me here.

Proverbially timmy two fingers them.

What have their excuses been..?

As per a lot of my posts here, I am way out of my comfort zone. But, the issue of blame seems absolutely cut and dried to me? The questions around possible fraudulent claims is quite different of course, but in relation to the accident itself the blame would seem to lie very firmly at your partner's door. how far away was the other vehicle when your vehicle stopped?

I am not sure unfair terms will apply in the case of a contract between two private individuals?

I wouldnt have thought so Rachel, but perhaps I am way outside of my comfort zone. My understanding is that TUPE refers to the TRANSFER of employers from one COMPANY to another. That does not sound like it has occurred here. What has occurred here is that the company has been transferred to another owner. The company itself remains, and from the sound of it remains as the employer.

Has the entity that pays your wages changed as part of this? Not a great example, but: - Argos Retail Group owns Homebase. - If Homebase were sold to another company, then the company "Homebase" itself has not changed, merely its owner. To my (very very limited) knowledge, that situation would not be a TUPE. It sounds like similar has happened here.

Sounds OK to me.