As a tenant was running a business from and now landlord too : eviction notice s21

Yvonne3

Hi all,

I am tenant in a shared housing, self employed and using my rental property as my business address. My landlord had verbally agreed the use of the property address for this purpose, however few months he has equally set up a limited company and is using the same address (my rental property address) than me as his business address (i have checked it on the companies house website). Two months ago, the landlord has served me a section 21 eviction notice and now is sending me to the court : i have read somewhere that a section 21 notice cannot be served if the landlord had allowed the tenant to run a business in the property (please below) and i would like to know if it is true.

The law which governs business tenancies is different from that which governs residential tenancies. If you allow your tenant to run a business, you run the danger of the law governing your tenancy changing. This could mean that you lose the right to recover possession under section 21. So you could be stuck with the tenants and be unable to get rid of them.

Thanks in advance,

Yvonne

19lottie82

A Section 21 is a "no fault notice" so it can be served at any time outside of a fixed term agreement. No reason has to be given.

However, it cannot be used if you are in the middle of a lease (AST). Is this the case?

Caz3121

Is your tenancy a "Commercial/Business Tenancy" or a "Residential Tenancy (AST)"
If the latter the landlord has followed the correct process by issuing the section 21 assuming you were out of your original tenancy fixed term

ValHaller

The quote is valid as a warning to Landlords. However, don't read it as being anything you can rely on - you would have a fight to make it stick and you fall at the first hurdle of only agreeing verbally - your evidence for a business tenancy is pure vapour

Yvonne3

Ok, thanks all for your help.

G_M

I assume this is an address

* where you live
* you sleep
* you cook/eat
* you treat it as your home

Yes? So it is a residential tenancy. The LL has agreed verbally (so even that can be disputed) that you can run a business from there, but I assume it is a 'home business'.

You have not turned the property into a commercial property.

So yes, the S21 is valid.

martindow

G_M wrote: »

So yes, the S21 is valid.

Assuming that your deposit is protected in a scheme and the dates on the S21 are correct.