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Tenants for 6 yrs now landlord says 2 weeks to vacate property?? help

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  • clutton_2
    clutton_2 Posts: 11,149 Forumite
    ""Has she got a gas certificate from this joke of a landlord? If not, he cannot even legally serve an S21.""

    sorry - simply not true.......
  • franklee wrote: »
    That way it's available to be actioned (by applying to court for possession) should it be needed later on. It's easy for tenants to miss that bit of paperwork amongst the rest or not realise it can still be actioned months or years later if the tenant hasn't signed a new tenancy agreement.

    In this instance, the landlord has increased the rent once, which tenant paid at increased level, then increased it again. An argument can be put forward that these actions are inconsistent with a desire to end the tenancy and the S21 can be declaired invalid.
  • franklee
    franklee Posts: 3,867 Forumite
    Part of the Furniture 1,000 Posts Photogenic
    edited 22 May 2010 at 9:14PM
    In this instance, the landlord has increased the rent once, which tenant paid at increased level, then increased it again. An argument can be put forward that these actions are inconsistent with a desire to end the tenancy and the S21 can be declaired invalid.
    What argument is that then?
  • Wee_Willy_Harris
    Wee_Willy_Harris Posts: 7,512 Forumite
    franklee wrote: »
    What argument is that then?

    The argument that is used to dismiss a S21 notice when the LLs actions are inconsistent with a desire to end a tenancy? Plenty of case law out there to support that stance, if you'd care to look.
  • franklee
    franklee Posts: 3,867 Forumite
    Part of the Furniture 1,000 Posts Photogenic
    The argument that is used to dismiss a S21 notice when the LLs actions are inconsistent with a desire to end a tenancy? Plenty of case law out there to support that stance, if you'd care to look.
    I'm appreciate any case law on this got any links?
  • Wee_Willy_Harris
    Wee_Willy_Harris Posts: 7,512 Forumite
    franklee wrote: »
    I'm appreciate any case law on this got any links?

    Perhaps that is something YOU should have researched before your initial post on the matter.
  • franklee
    franklee Posts: 3,867 Forumite
    Part of the Furniture 1,000 Posts Photogenic
    Perhaps that is something YOU should have researched before your initial post on the matter.
    No really, if you have any links to case law to assist on showing when an S21 becomes void I'd be really pleased if you could supply them. Thanks.
  • Wee_Willy_Harris
    Wee_Willy_Harris Posts: 7,512 Forumite
    franklee wrote: »
    No really, if you have any links to case law to assist on showing when an S21 becomes void I'd be really pleased if you could supply them. Thanks.

    Oh, I see. You want me to research MY posts AND yours?
  • franklee
    franklee Posts: 3,867 Forumite
    Part of the Furniture 1,000 Posts Photogenic
    Oh, I see. You want me to research MY posts AND yours?
    No I thought from your post you already knew of case law to back up your argument that the S21 would be void. Don't worry if you've nothing to back that up, but if you do have something I'd be really interested if you could post the details. Thanks.
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Wee Willy is absolutely right, though asking him for case law is a bit cheeky. Now if the OP were asking for confirmation etc I'd understand, but another poster using the thread to learn the ropes - esp a poster who makes erroneous statements like "Has she got a gas certificate from this joke of a landlord? If not, he cannot even legally serve an S21."" (guess you're getting confused with deposit protection?)

    But the point here is that we don't even know if the tenant has even received a S21, valid or otherwise! Unless I've missed something, all the OP said was "an estate agent rang the other day and said the property has been sold, and my friend has 2 weeks to vacate the property"

    The OP needs to clarify before we all get bogged down in case law discussions!
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