Kicking out a tenant

cheekykid

Ladybird20 wrote: »

you are not allowed in my block of appartments to put sattalite dishes up and i as a landlord would say NO and the management company rules an regs also is a NO,,,,its is rigged up for digital/cable tho.....

Its not about YOUR block of apartments:rolleyes: and we go by the contract I sign not by emotion or things we make up as acceptable or unacceptable.
I ask again: Could they evict me with a court order on the basis of not having gotten permission and simply erecting a dish?

Debt_Free_Chick

cheekykid wrote: »

Its not about YOUR block of apartments:rolleyes: and we go by the contract I sign not by emotion or things we make up as acceptable or unacceptable.
I ask again: Could they evict me with a court order on the basis of not having gotten permission and simply erecting a dish?

Yes - you can be served a s21 notice for no reason whatsoever. You need only be given two rent months notice not to end before the expiry of the fixed period stated in the agreement. This is often an easier way for a LL to gain repossession of the property compared with the s8 rent arrears route.

olly300

cheekykid wrote: »

Its not about YOUR block of apartments:rolleyes: and we go by the contract I sign not by emotion or things we make up as acceptable or unacceptable.
I ask again: Could they evict me with a court order on the basis of not having gotten permission and simply erecting a dish?

Depends on the freeholder/management company.

What is likely to happen is if someone who lives in the block complains or there is someone who is involved in managing the building who lives in the block they will send letters addressed to the occupier and one directly to your landlord asking you to remove the dish. If you don't and they issue more than one than one letter then once your tenancy has run it's fixed term the landlord will evict you.

So if you like the place you live then don't put the dish up.

One of the funniest things I've seen is someone who lived in a block where they weren't allowed satellite dishes have a dish they stuck out of the window. It only happened for 6 months.

cheekykid

olly300 wrote: »

Depends on the freeholder/management company.

What is likely to happen is if someone who lives in the block complains or there is someone who is involved in managing the building who lives in the block they will send letters addressed to the occupier and one directly to your landlord asking you to remove the dish. If you don't and they issue more than one than one letter then once your tenancy has run it's fixed term the landlord will evict you.

Nobody who lives herewill complain as am on the top floor and have the only flat with a balcony. The other tenants can't even see the dish. No person from the agency lives in this building. I assume they make periodic checks to the building even though am not sure. The question is whether they would try to evict me under Section 8 Housing act 1988 just because i got a dish inside my balcony.

Debt_Free_Chick wrote: »

Yes - you can be served a s21 notice for no reason whatsoever. You need only be given two rent months notice not to end before the expiry of the fixed period stated in the agreement. This is often an easier way for a LL to gain repossession of the property compared with the s8 rent arrears route.

am in the beginning of my fixed term therefore S21 wouldn't apply.

olly300

Firstly if you think you are doing right go ahead.

Secondly don't presume:
a. No one will see you (and mention it to the freeholder in passing)
b. No one will complain

Thirdly as I stated what is likely to happen is if they are unhappy you will get letters and then when your fixed term is up they will give you notice, and if you don't leave they will start eviction proceedings.

It's quite difficult to evict a tenant when they are in their fixed term and pay the rent.

Debt_Free_Chick

cheekykid wrote: »

am in the beginning of my fixed term therefore S21 wouldn't apply.

Yes it does. You can be served with a s21 now to vacate at the end of the fixed term.

cheekykid

olly300 wrote: »

Firstly if you think you are doing right go ahead.

Secondly don't presume:
a. No one will see you (and mention it to the freeholder in passing)
b. No one will complain

Thirdly as I stated what is likely to happen is if they are unhappy you will get letters and then when your fixed term is up they will give you notice, and if you don't leave they will start eviction proceedings.

It's quite difficult to evict a tenant when they are in their fixed term and pay the rent.

for a,b. Its a balcony. It isn't possible to see the dish from anywhere unless you are high enough.

For your third point its what I thought till I read ground 12 of Section 8 of the housing act which says that if am in breach of the tenancy agreement the landlord only needs to give me 2 weeks notice in order to have me evicted.

Debt_Free_Chick wrote: »

Yes it does. You can be served with a s21 now to vacate at the end of the fixed term.

The end of the fixed term is in 11 months so no problems there

cheekykid

Under Section 8 ground 12: "The Tenant has breached any term of the tenancy agreement (other than one relating to the payment of rent)" they only need to give me a 2 weeks notice however this particular ground and some other are discretionary and the court will only award possession if it is reasonable to do so.
My question is will I have a saying should the matter end up at court under section 8? Can i be there to defend myself? If I lose do i have to pay any legal fees or i just have to vacant the property within 2 weeks and thats it?

tbs624

Cheekykid - IMO it would be highly unlikely that a judge would order a repossession over an issue such as this, in the absence of any other breach. However, as the others have said, a S21 is always an option so you shouldn't expect a renewal if you are locking yourself into a battle very early on in your tenancy.

What you could do though is write to the LA and ask them formally for the name and address of your actual LL.They have 21 days from receipt of that request in which to give you the info. That way you can try to find out whether it is just the LA being a PITA. If you prove yourself to be a reliable T in other ways a LL wouldn't want to risk losing you at renewal time if it was something that could be resolved. If, however, there is good demand for the property they may not be bothered either way.

If it's a tenancy clause then only a court can decide whether it is an unfair term, and they would have to look at whether it was due to leasehold restrictions, as part of that decision.

That said, if having this satellite dish is vital for your business, then why on earth didn't you check whether you could put one up before you signed the contract?

N79

I agree with TBS that a breach of this nature, on its own, is highly unlikely (read probably never but you never know when you will get the world's least sympathetic or just plain useless judge) to lead to possession being awarded.

If the problem is due to leasehold restrictions then there is probably nothing your LL can do to help you.