landlord saying I cant ebay from flat?? help!

BitterAndTwisted

sweetnothings wrote: »

I said briefly that I would be writing to her and that I was just selling personal items on ebay so she changed her tune to 'you have too many things in your flat, it is a fire hazard' now....... as someone mentioned previously what and how much stuff I have in my flat is surely up to me (its not as if its floor to ceiling piles of stuff) although in my spare room there are a few neatly piled boxes of my own things. I really feel like they are causing problems as a 'revenge' tactic since they have been caught out by the council not being up to scratch which considering its supposed to be a business is really rather petty! rant over for now ) will keep you informed!

I think you're right about this being a tactic to harass you and I would consider when writing to them to mention that you do indeed consider their behaviour as a form of harassment. I would also ask them to quantify if they can what would constitute "too many things". You have a spare bedroom and you are free to store whatever you choose in it. A few neatly-piled boxes cannot cause a fire-hazard if they do not contain dynamite and they're not obstructing any exits.

It seems that they are intent of getting you out of there but they really should be using valid reasons rather than trying to make them up as they go along. Amateurs, and dangerous ones at that. Maybe you could consider letting them dig a ruddy great hole for themselves.

Don't forget to send your letter by Recorded Delivery and retain a copy for yourself for later on. I think you might be in need of it at some point.

JA1000

Just to clarify

- You have already had problems with the letting agent / landlord
- The council have been involved
- You are selling a few personal items

It's not your place and you do not have the right to be there the landlord could issue notice. Whether you are selling for business or not there is obviously a conflict here already and as it's not your place you don't stand a chance.

Why put yourself through it - Just move, easy, get out before you are pushed it's not worth the time or trouble fighting it.

mlz1413

JA1000 wrote: »

Just to clarify

- You have already had problems with the letting agent / landlord
- The council have been involved
- You are selling a few personal items

It's not your place and you do not have the right to be there the landlord could issue notice. Whether you are selling for business or not there is obviously a conflict here already and as it's not your place you don't stand a chance.

Why put yourself through it - Just move, easy, get out before you are pushed it's not worth the time or trouble fighting it.

Where did that come from???

The OP has lived for years in this flat and pays rent to do so - they therefore have every right to be there!

JA1000

Someone renting has no right to stay if a landlord issues notice. They may want to sell!!!! And then change their minds

Exactly the reverse when a tenant hands in their notice, the landlord cannot force them to stay.

sequence

JA1000 wrote: »

Just to clarify

- You have already had problems with the letting agent / landlord
- The council have been involved
- You are selling a few personal items

It's not your place and you do not have the right to be there the landlord could issue notice. Whether you are selling for business or not there is obviously a conflict here already and as it's not your place you don't stand a chance.

Why put yourself through it - Just move, easy, get out before you are pushed it's not worth the time or trouble fighting it.

Whaaaaaa? Since when does a rent paying tenant not have the right to be there ? :think:

BitterAndTwisted

I think JA1000 may have missed out an "if" from his post. But in a way, he is right: should the OP have an AST or be in a rolling, periodic tenancy they are in extreme danger of being served a Section 21 and if they do have an AST and it is about to expire they most probably will issue one at some point in the not too distant future.

payless

Think we need to kn ow if on a renewed AST , periodic AST or an excluded / non AST tenancy

roger196

If you want to see what constitutes trading see www.hmrc.gov.uk ref BIM20080 et seq or search "badges of trade". Many many people dispose of surplus items on ebay without it being trading. If the letter suggested in #16, does not dispose of the matter, ask LA for detailed argument on the lines of BIM20080 in support of his assertion.

G_M

I just hope the OP can distinguish between the good advice Vs the bad on this thread, as well as the accurate legal position Vs the legal rubbish being posted.

If you're confused, please ask!

Botton line, try not to have verbal discussions - do everything in writing.
Change the locks - protect yourself.
Be polite. Just because they are rude, unprofessional etc, don't be so yourself.
Don't spend time/pages etc justifying yourself- their allegations (trading, fire hazard etc etc) are rubbish. Just briefly, politely deny. End of story.

JA1000's post was misleading, but he's right that, depending what contract you have, they could give you notice. It's a slow process (if it happens, come back for advice), but at the end of the day you might have to leave.

JA1000

I was just trying to give perspective from the other side, if I got indication that a business was being run, whether or not it actually was and after various other issues which have obviously taken place I would issue notice and get a new tenant.

Chaning any locks will only reinforce this. I just think it that there are issues on both sides so for both it would be better to start again rather than drag this out.