Eviction in 7 days

franklee

sturman wrote: »

let me help you...Through out my case there was issues with the LL ie the way section 21 are issued,refusing to talk to tennant,insisting the tennant leave when not convenient,gas cert etc etc.However with only the odd exception did someone mention these,which in my eyes are as bad as anything that i did....It ,to me proves the point that this section of the forum is predominantly run by one off LL's[probably pensioners ] With a few brokers looking for business touting subtly as nice guys. Tenants should proceed with caution.

I think it's a shame this thread has descended into an argument that's getting OTT IMHO as there are good points that have been raised in reminder for both sides to be careful when arranging handover.

For landlords:

1. Don't use the S21 as routine to bully the tenant. A Sword of Damocles S21 means you are less likely to get their co-operation and hear their real moving plans as they will be more concerned about dealing with the notice than being frank with you.

2. Don't be overly strict on moving dates so long as the tenant is giving you at least a months notice. There's less harm in letting the tenant stay say one month over the fixed term than there is being heavy handed with serving precautionary S21's or refusing the tenant's reasonable requests over dates which may panic them into giving notice they cannot meet. If you keep up a dialogue with the tenant you're more likely to know what their plans are so you can plan getting the next tenant better. Does it really matter to you which day of the month a move happens if in return you can plan the next tenancy with more certainty?

3. Be prepared to have voids between tenancies to get the property up to scratch again and be sure the property is vacant before signing up the new tenant.

For tenants:

1. Never ever serve notice before you have secured your onward move. That is exchanged contracts if buying or the landlord/agent signing the tenancy agreement if renting. Have removal, storage places and temporary accommodation already sussed in case they are needed at short notice.

2. Allow an overlap on dates especially if moving to an occupied property so if the moving in date slips you have time to make alternative arrangements. Always ask about the circumstances and plans of the person moving out and why they are moving. If it wasn't their choice or they are dependant on other event like house buying then be aware dates may slip.

3. Try to open up useful dialogue with your current landlord over leaving date as per landlord's point 2 above. Get all agreements confirmed in writing.

Basically if all sides talked to each other instead of being confrontational then everyone gets a better deal.

sturman

franklee wrote: »

I think it's a shame this thread has descended into an argument that's getting OTT IMHO as there are good points that have been raised in reminder for both sides to be careful when arranging handover.

For landlords:

1. Don't use the S21 as routine to bully the tenant. A Sword of Damocles S21 means you are less likely to get their co-operation and hear their real moving plans as they will be more concerned about dealing with the notice than being frank with you.

2. Don't be overly strict on moving dates so long as the tenant is giving you at least a months notice. There's less harm in letting the tenant stay say one month over the fixed term than there is being heavy handed with serving precautionary S21's or refusing the tenant's reasonable requests over dates which may panic them into giving notice they cannot meet. If you keep up a dialogue with the tenant you're more likely to know what their plans are so you can plan getting the next tenant better. Does it really matter to you which day of the month a move happens if in return you can plan the next tenancy with more certainty?

3. Be prepared to have voids between tenancies to get the property up to scratch again and be sure the property is vacant before signing up the new tenant.

For tenants:

1. Never ever serve notice before you have secured your onward move. That is exchanged contracts if buying or the landlord/agent signing the tenancy agreement if renting. Have removal, storage places and temporary accommodation already sussed in case they are needed at short notice.

2. Allow an overlap on dates especially if moving to an occupied property so if the moving in date slips you have time to make alternative arrangements. Always ask about the circumstances and plans of the person moving out and why they are moving. If it wasn't their choice or they are dependant on other event like house buying then be aware dates may slip.

3. Try to open up useful dialogue with your current landlord over leaving date as per landlord's point 2 above. Get all agreements confirmed in writing.

Basically if all sides talked to each other instead of being confrontational then everyone gets a better deal.

You've summed it all up perfectly...Thats effectively what happened. There was a breakdown at virtually every point which lead to an unnecessary event.If people looked at all those points and then came to an opinion,and thought i was wrong,thats fine.However the vitriol that poured out of some people was astonishing, even one moron using child abuse analogies and loads of Bhudists threatening Karma.I felt if some desperate tennant in exactly the same situation as me with absolutely no knowledge of the law and no resources to use as i have,well there could of been a bad outcome.Thats why i responded to the abusive posts. However this is my last post on this topic

SavvyStudentSaver

If my understanding of this all is correct:

The LL may well have behaved appallingly, however, the biggest problem that I think most of the posters have is that a legally binding notice was given to the LL, and then you decided that you weren't going to move out as you had said in your legally binding notice. The landlord was well within his rights to accept your notice and arrange alternative tenants for the day after you moved out, regardless of whatever else he may have done. Legally, you had no right really to stay in the house, and by doing so, you made it so that the other tenants had nowhere to go. I think it is this last sentence that sums up why people are reacting the way they are. It may not seem fair, however, that does not change the law, and the fact that one should work within the system if one wants to demand their 'rights'.

From what I can tell, the landlord can probably chase you for any funds he had to pay out to the other tenants as well.

With regards to the GSC, probably a good thing he was reported, but that's a separate matter entirely. He should be responsible for his actions, but so should you.

jamie11

SavvyStudentSaver wrote: »

If my understanding of this all is correct:
The landlord was well within his rights to accept your notice and arrange alternative tenants for the day after you moved out,

Within his rights? .......Yes. Sensible?..........Not really, at the very least he should have hedged his bets.........just in case.

mrsmumbles

I just want to say, from a different angle, what a really helpful thread this has been for me. I am an 'accidental landlord' currently struggling with a demanding tenant. Not the same situation as this one, but i suspect that she will try to give notice soon. These posts have really forewarned me and been a great help. Thanks all.

Halle71

mrsmumbles wrote: »

I just want to say, from a different angle, what a really helpful thread this has been for me. I am an 'accidental landlord' currently struggling with a demanding tenant. Not the same situation as this one, but i suspect that she will try to give notice soon. These posts have really forewarned me and been a great help. Thanks all.

I'm reading this as a new landlord and as you say it is indeed useful to be forewarned. It's shocking how vindictive and downright nasty some people can be.....