LandLord Sold Garden Which Was Under Tenancy

moneyistooshorttomention

This does turn out to look as if this landlady has taken advantage of one of the current unfair Balance of Power situations around, ie the one whereby if a tenant makes a perfectly justified complaint then the landlord/lady can issue a Section 21 and get them out. The reverse side of that coin being the one whereby many tenants who get quite justifiably given their notice (eg being they are wrecking the place/not paying their rent/its the landlord's home and they need it themselves now) abuse the law to "hang on in there" for months after they should have left and probably end up owing the landlord money for unpaid rent and/or damage.

There doesn't seem to be a way available to get a perfectly evenly-balanced Balance of Power between landlord and tenant, so that neither side can get away with unfair treatment of the other.

It may well be that OP has turned out to have been "stuffed" by the landlady in this case and the only redress he has is to tell everyone what she has done and try and find and repatriate (or do whatever else he pleases) to HIS plants (if he can do so without her being able to stick in a false claim that they are hers and he has caused her to suffer loss).

adrihd

@lincroft1710: it’s a ‘dwelling house’ not ‘flat’ by the Housing Act ’98. And which is clearly shown on the title plan and listed in the title reg as one property (part of a garden). It’s very clear. So in that case, as I mentioned before, I, along with the other 3 tenants have a 1/4 stake in the garden each. This has been confirmed by the council themselves.

@neas: look up the legal term ‘right to estate’ That’s what the COUNCILs legal team came up with.

@lincroft1710: about the MCOL, I’m not going to make one until I take the LL to court for possession reasons i.e. the garden which was snatched despite the tenancy. Once that it done, I’ll get some surveyors in to look at the 3200 (yes 3200) photo’s I’ve taken since I moved in, up until the time I was denied access to the garden.

If there is a MCOL and it goes through, the earnings will be shared amongst all of the tenants equally, despite me being the main contributor to the garden.

After all, it was ‘our’ garden.

@Thrugelmir: No value? strange how only a few weeks after I moved all of the rubble, pieces of car parts and wood from the land to a pile in the corner, dug out the garden beds and sewed the first seeds that the LL did put in a planning application. I mean LITERALLY 2 weeks (after they showed up at the property to ‘inspect’)

@franklee: What’s what I’ve been arguing.. Under the housing act is made clear that if land comes with a tenancy, it’s regarded as ‘part of the swelling-house’.

@moneyistooshorttomention: about the fiction (S21.) I’ve looked into this and when push comes to shove, they need to go to court before a judge to get me out officially) I can clearly show them nearly 4 years of communications as I log everything, clearly show that I have my rent paid (IN ADVANCE) so I’m 2 months ahead, not one, and that I tarted up both the garden and the flat. I doubt a judge would agree to a possession order. Well I hope not lol

adrihd

Just to add, when the LA met with me last week Monday to 'issue me' the S21. I told them, all I wanted was to be left along and live a quiet life.

They both (two attended) said that I wouldn't hear from them or the LL or builders for months.

Not one week later, i get a letter for a house inspection (which is a clear sign of them letting off the place), three builders and an architect turn up unannounced with questions about my property and now I have to keep my windows closed as the builders are doing whatever next door creating a hell storm of dust.

1) Planning Permission told them to use dust/smoke screens when needed; The owner disagrees (I saw it in the public postings on the council website)
2) Is that what they call leaving me alone?
3) What rights does a tenant even have with a 'right to a peaceful living'?

3 especially is important as I'd like to know how a tenant can fight their cornr when (3) is breached

mrginge

I am very interested in the outcome of this dispute.
Can you tell me where you are up to with your claim and also when the s.21 is due to expire?
What are you proposing to do after this date? Will you wait for a court order or are you in the process of moving out?

moneyistooshorttomention

You've now got me wondering what the grounds for a possession order are in order to know whether a judge might or might not grant one.

Obviously non-payment of rent constitutes one.

I haven't been a tenant for many a long year now...hence don't know.

I'm not aware of whether a landlord is able to get a tenant out if they are paying their rent okay/looking after the place okay/the landlord doesn't need it to live in themselves/generally the tenant has done nothing wrong whatsoever.

Are there reasons that a judge might grant a possession order even if the tenant is behaving themselves perfectly and the landlord doesn't require the place to live in themselves?

Would the fact that the landlady has grabbed part of your garden constitute a deemed need to "live in it themselves" or similar?

I'd say you need to look up chapter and verse as to what all the grounds for granting possession orders are - as I would fear the landlady might be able to find some "ground" or other even though you have behaved perfectly etc.

Emmylou_2

moneyistooshorttomention wrote: »

You've now got me wondering what the grounds for a possession order are in order to know whether a judge might or might not grant one.

Obviously non-payment of rent constitutes one.

I haven't been a tenant for many a long year now...hence don't know.

I'm not aware of whether a landlord is able to get a tenant out if they are paying their rent okay/looking after the place okay/the landlord doesn't need it to live in themselves/generally the tenant has done nothing wrong whatsoever.

Are there reasons that a judge might grant a possession order even if the tenant is behaving themselves perfectly and the landlord doesn't require the place to live in themselves?

Would the fact that the landlady has grabbed part of your garden constitute a deemed need to "live in it themselves" or similar?

I'd say you need to look up chapter and verse as to what all the grounds for granting possession orders are - as I would fear the landlady might be able to find some "ground" or other even though you have behaved perfectly etc.

*MY BOLDING*

Yes they can. This is what a Section 21 notice is for. As long as everything is in order with the paperwork (any deposit has been protected (in time) in one of the government schemes, the Prescribed Information has been sent to the Tenant, and the date on the form is correct (and is expressed as "After DD/MM/YYYY" where DD/MM/YYYY is the last day of a tenancy period - generally the day before rent is due), then the Judge must order possession of the property to be given to the Landlord. It's a no fault ground from the Housing Act 1988.

olly300

adrihd wrote: »

Just to add, when the LA met with me last week Monday to 'issue me' the S21. I told them, all I wanted was to be left along and live a quiet life.

They both (two attended) said that I wouldn't hear from them or the LL or builders for months.

Not one week later, i get a letter for a house inspection (which is a clear sign of them letting off the place), three builders and an architect turn up unannounced with questions about my property and now I have to keep my windows closed as the builders are doing whatever next door creating a hell storm of dust.

1) Planning Permission told them to use dust/smoke screens when needed; The owner disagrees (I saw it in the public postings on the council website)
2) Is that what they call leaving me alone?
3) What rights does a tenant even have with a 'right to a peaceful living'?

3 especially is important as I'd like to know how a tenant can fight their cornr when (3) is breached

Contact EHO (Environmental Health Officer) by phone if the building work is causing you a health problems which the dust and smoke will.

When you talk to the EHO be conciliatory rather than throw accusations out.

So explain the health problems you are having due to the building work and then mention with planning number, what the builders are suppose to do.

If the EHO doesn't know what to do try and convince them to send building control out.