In Private Rental, Owner wants to move back into his house

Pixie5740

OP, it sounds like you're being !!!!!!!!ted by both the LL and the LA. Certainly do not pay for a section 21 that would be madness. Just carry on as normal whilst keeping an eye out for another place to rent. Then you can serve notice and leave these clowns behind.

(A section 8.1 can be served if the LL wants to return to the property to use as their home.)

princeofpounds

It should be pointed out that S8G1 is a discretionary route, unlike an S21. Which means the judge gets to exercise discretion over whether to award it or not. It can be defended, is not a reliable method, and so used quite rarely as it infrequently makes sense to serve it instead of a S21.

G_M

princeofpounds wrote: »

It should be pointed out that S8G1 is a discretionary route, unlike an S21. Which means the judge gets to exercise discretion over whether to award it or not. It can be defended, is not a reliable method, and so used quite rarely as it infrequently makes sense to serve it instead of a S21.

Not so. See here

SCHEDULE 2 Grounds for Possession of Dwelling-houses let on Assured Tenancies

Part I Grounds on which Court must order possession

Ground 1

....

System

But the judge still needs to decide whether it is just and equitable.

It is not open and shut.

G_M

!!!!!! wrote: »

But the judge still needs to decide whether it is just and equitable.

It is not open and shut.

The judge has to decide if the conditions relating to S8 ground 1 have been met.

Just as he would have to decide if the conditions relating to a S21 (eg deposit protection) have been met.

Provided the conditions are met, the judge has no discretion with either a S21 or a S8 (1).

AnxiousMum

Thank you all so much for your comments, knowledge and advice. It all pretty much confirms what I have understood from the gentleman at the council housing needs office - so I do feel more confident about that.

The 'eviction' letter doesn't refer in any way to S21, S8, or the housing act at all.

I do have a receipt for the deposit being put into the proper type of trust account - I will dig it out and look at it - but I do believe it's in the Agency's name - as the owner of the house had talked about the agency needing to transfer it to him if he fired them.

It's hard to tell the real reason that the owner wants us to move - does he want to move in? Does he want to revert to renting it room by room as a shared house (which my neighbours will hate if he does it again!), does he want to sell the house? Does he want to raise the rent? Who knows - I don't believe either the owner or the agent anymore!

Thanks again - your help is much appreciated

AnxiousMum

oh, I haven't spoken with the home owner recently. He still uses our address for his mail - which I notice recently I'm getting alot of mail for him, his mum and dad from HMRC, DWP etc. Any mail for him I put in a mail box he installed outside the front door which he comes and gets. He used to call first, check to see if any issues needed seeing to, and then come and get his mail. The last couple of weeks he has simply come and gotten his mail, no call, no knock on door as previous. I'm not complaining - but I'm quite certain he is aware of what is going on - and knows he's messing me about hence not talking to me.

jjlandlord

The reason is irrelevant: if he wants you out, he will get you out.

Depending on the situation (fixed term, deposit, etc) you may be in a good position to negotiate.
That would be the best course of action for you.

AnxiousMum

Thank you

I have had a text message from the letting agent today, stating that he has set a meeting between himself, the owner and myself for thursday morning. He is fully aware that I'm out of town this week for work, so have had to reschedule. Next available date is May 2nd for us all to get together. He says that the meeting is to sort the Section 21 notice - and give that to me.

Am I correct in assuming that on may 2nd, if he's giving me the notice that day, that it will have to be for two full calendar months notice ie, my rental date is the first of the month. So giving this to me on the 2nd of the month, will mean that it is not starting the two months until june 1st, and so I will be seen to have until August 1st to vacate the premises? I'm thinking that he is just going to backdate the notice - but I'm sure that the council will not accept that as they are fully aware that the landlord has not issued one.
The Section 21 is required by teh council to award points to help me get a council house if nothing is available privately.

G_M

AnxiousMum wrote: »

Thank you

Am I correct in assuming that on may 2nd, if he's giving me the notice that day, that it will have to be for two full calendar months notice ie, my rental date is the first of the month. So giving this to me on the 2nd of the month, will mean that it is not starting the two months until june 1st,
2 full calender months from May 2nd is July 1st

and so I will be seen to have until August 1st to vacate the premises? That is two tenancy periods. See below I'm thinking that he is just going to backdate the notice - but I'm sure that the council will not accept that as they are fully aware that the landlord has not issued one.
The Section 21 is required by teh council to award points to help me get a council house if nothing is available privately.

If he serves a [FONT=&quot] S21(1)(b) it is 2 calender months.
[/FONT]
If he serves a [FONT=&quot] S21(4)(a) it is 2 tenancy periods.

See

[/FONT]Ending/Renewing an AST (what happens when the Fixed Term ends?)(What is a Periodic Tenancy?)(How can a LL remove a tenant?)(How can a tenant end a tenancy?)