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Are landlords/Estate agents allowed to do this?

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  • clutton_2
    clutton_2 Posts: 11,149 Forumite
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    ""We do treat our property with the same respect as we would treat our family homes though.""


    ""2 days after a 21st birthday and we're students in a student area. There were a few hundred beer cans, most of these were in bin liners (until we ran out and had to use tesco bags), but some were still in the kitchen and on the tables. Other than there being a lot of bins around the place, there was plenty of washing up stacked up and the washing up bowl in the sink had some beer poured into it which didn't look that nice. ""

    so this is treating a place with respect is it ????
  • lizzielondon
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    you have a fixed term lasting for another 6 months? have you checked for a break clause in your contract? that is very important and i think will help people answer your question re: the section 21

    clutton, they're boys lol :D
  • silvercar
    silvercar Posts: 47,075 Ambassador
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    Unless you are owing two months rent, a landlord cannot evict under a section 8. Section 21 would only be valid to end the tenancy at the end of the fixed term. Landlord's visiting uninvited is not allowed.

    Take advice from your uni accommodation office, it suggests to me that your landlord is trying to prompt you to pay promptly. Not much point have a student house empty at this time of year.

    Any landlord choosing to let in the student market needs to accept that the property won't be kept as clean and tidy as a family home. To visit unannounced and uninvited and complain about the cleanliness is futile- he shouldn't have been there in the first place.
    I'm a Forum Ambassador on The Coronavirus Boards as well as the housing, mortgages and student money saving boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Forum Ambassadors are not moderators and don't read every post. If you spot an illegal or inappropriate post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com.
  • N79
    N79 Posts: 2,615 Forumite
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    silvercar wrote: »
    Unless you are owing two months rent, a landlord cannot evict under a section 8.

    Yes they can, using either ground 10 or 11 (granted these are discretionary but it is possible).
  • clutton_2
    clutton_2 Posts: 11,149 Forumite
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    i have just got possesssion based entirely on Grounds 10/11/17 ..... if you have a good enough case a judge will be fair
  • silvercar
    silvercar Posts: 47,075 Ambassador
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    clutton wrote: »
    i have just got possesssion based entirely on Grounds 10/11/17 ..... if you have a good enough case a judge will be fair

    I doubt rent paid in full a few days late on a couple of occasions would be convincing for persistent late payment to count.
    I'm a Forum Ambassador on The Coronavirus Boards as well as the housing, mortgages and student money saving boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Forum Ambassadors are not moderators and don't read every post. If you spot an illegal or inappropriate post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com.
  • adg1
    adg1 Posts: 670 Forumite
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    Read your contract carefully for a break clause. If there is one it'll probably be coming round very soon if you moved in September. This would make the S21 valid, but only to evict you on the date of the break clause.

    S8 is not valid as you're not 2 months rent in arrears or the other clauses mentioned are applicable. I wouldn't think they had a good enough case in this instance though.

    Your landlord cannot turn up uninvited and intrude on your house and you are within your rights to refuse access to everyone, regardless of what your contract states. refusing access may end up, though, with an angry landlord and cause more issues than you already have.

    You are within your rights to change the lock barrels (keep the old ones ready to put back when you leave) if you are worried by secutiry for your flat mates consoles.

    Student houses do get a bit messy from time to time but it is up to you to treat the house with respect. I lived in a lovely house when I was a student, which was nicer than most family homes I deal with now, htough I also lived in a more studenty house too.

    Swap sides and look at the house from the LLs POV - would you like to turn up to several hundred beer cans around and the remnants of a 21st party in your house? I wouldn't. There have been enough stories in the press and landlords who rent to students know that these parties can get out of hand and cause damage to their home. Mess left alone causes smell and these become ingrained. I'm sure yours isn't that far along but it could get there.

    Write a nice letter to your landlord appologising that you are looking forward to living at the house for the rest of your fixed term and will keep it tickety boo for him. He cannae ask for any more.
  • clutton_2
    clutton_2 Posts: 11,149 Forumite
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    ""Originally Posted by clutton viewpost.gif
    i have just got possesssion based entirely on Grounds 10/11/17 ..... if you have a good enough case a judge will be fair
    I doubt rent paid in full a few days late on a couple of occasions would be convincing for persistent late payment to count.""

    i absolutely agree that with these circumstances the LL would probably not get possession...

    i had months of late payments - more later.. it is still ongoing....
  • vaporate
    vaporate Posts: 1,955 Forumite
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    N79 wrote: »
    So in reality you are bad tenants.

    Either way no the S21 is invalid as it can not come into effect before the end of a fixed period. The LL could issues a S8 to evict you other the late rent - are you sure that this is not the case?

    In future I suggest you take your obligations seriously.

    Oh, so its ok for the LL to end the contract early but a big deal if the tenant wishes the same.

    I don't see it being the LL business how the tenants live for what their paying for. As long as nothing is broken.
    Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam
  • jonewer
    jonewer Posts: 1,485 Forumite
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    Its none of the LL's business how many beer cans you have lying around.

    Its none of the LL's business if in his opinion you arent treating the place with respect. Its not his home, its your home. (Imagine! having a birthday party in your own home! The cheek! Obviously you need immediate eviction!)

    Your obligation is only to hand back the property in the condition you found it, reasonable wear and tear allowing.

    Your LL cannot simply enter unannounced. He has to give you notice.
    Mortgage debt - [STRIKE]£8,811.47 [/STRIKE] Paid off!
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