Landlord is serving an Accelerated Possession on s 21 after has withdraw a s 8 claim

G_M

lighting_up_the_chalice wrote: »

I don't know how. The properties status as a HMO, or even the number of other tenants and their relationship with the landlord, makes no difference to the S21.

If the property falls within the definition of a licencable HMO, but is not licenced as required, the S21 is invalid.

Amanda3

G_M wrote: »

You have at least 2 months before the LL can make an application to the court (accelerated or otherwise).

If, during this period, you convince the council that the property should be registered as an HMO, you will then be able to present this to the court.

At the moment, landlord has made an accelerated possession claim against me and I need to be sure that the judge will certainly not give the landlord the benefit of the doubt (due to cheque sent at the same date then s21 notice).

Ps: Expiry date of present notice is 31st May 2013.

lighting_up_the_chalice

G_M wrote: »

If the property falls within the definition of a licencable HMO, but is not licenced as required, the S21 is invalid.

:doh: Of course.

G_M

Amanda3 wrote: »

At the moment, landlord has made an accelerated possession claim against me and I need to be sure that the judge will certainly not give the landlord the benefit of the doubt (due to cheque sent at the same date then s21 notice).

Ps: Expiry date of present notice is 31st May 2013.

So what have you been doing since the end of March......:eek:

BitterAndTwisted

If your landlord has been harassing you to the extent that you made a complaint against him, I'm rather surprised that you're intent on staying.

What she has been doing since March is rather a lot of crossing of fingers and hoping for the best, I suspect.

Start packing Amanda

Amanda3

G_M wrote: »

So what have you been doing since the end of March......:eek:

I was revising and searching for trainee and another accommodation.

And i have lost some money a month ago with an estate agent (that was supposed to find me an accommodation but proposed me only one unsecured and dirty sharing house in which I will be the only girl between four men) : i need a further month in order to save enough money with my small job.

Amanda3

lighting_up_the_chalice wrote: »

:doh: Of course.

I believe it is an HMO based on the link previously provided by G_M and shelter site bu not sure if the licence is mandatory :

england (dot) shelter (dot) org (dot) uk / get_advice/renting_and_leasehold / sharing_and_subletting/houses_in_multiple_occupation

sham63

I would cash the cheque now - you never know it might bounce which would strengthen your position.

Amanda3

I have just called the council it seems that since we are more than 5 persons leaving in the property, a HMO licence is mandatory.

Amanda3

sham63 wrote: »

I would cash the cheque now - you never know it might bounce which would strengthen your position.

I prefer to see that with a lawyer before.