Looks like we might have a problem

[Deleted User]

We moved into our flat on 8th April on a 6 month lease and then on a month by month basis.

Today we have received a letter from the Landlords telling us that they are putting in a planning application to demolish the house which contains 3 other flats plus a small house as well as ours= flat and sell the site for development.

I am very angry, it cost us £2000 to move with deposits, removal costs, letting agency fees etc and it looks like we are going to be forced to move if the planning application is successful.

How do we stand legally?? We are pensioners and do not have the cash to fund a further removal, would our LL have to pay at least for our removal costs if nothing else.

I understand the application is due to go forward to the council later this month and could take up to 8 weeks before its either approved or rejected. Do we start to look for another property or just sit tight until they serve notice on us?

To be honest this has taken the feet from under me.....when we took on the lease we understood it was to be long term.......ie for several years, not a few months.

G_M

Deleted_User wrote: »

Today we have received a letter from the Landlords telling us that they are putting in a planning application to demolish the house which contains 3 other flats plus a small house as well as ours= flat and sell the site for development.

You do not have to leave unless the landlord obtains a court order. He could

* Issue you a S21 Notice to take effect at the end of your initial 6 months

* Issue you with a S8 Notice (ground 9) and offer you alternative accomodation. The court might or might not grant the LL possession

1 For the purposes of Ground 9 above, a certificate of the local housing authority for the district in which the dwelling-house in question is situated, certifying that the authority will provide suitable alternative accommodation for the tenant by a date specified in the certificate, shall be conclusive evidence that suitable alternative accommodation will be available for him by that date.

2 Where no such certificate as is mentioned in paragraph I above is produced to the court, accommodation shall be deemed to be suitable for the purposes of Ground 9 above if it consists of either—

(a)premises which are to be let as a separate dwelling such that they will then be let on an assured tenancy, other than—

(i)a tenancy in respect of which notice is given not later than the beginning of the tenancy that possession might be recovered on any of Grounds 1 to 5 above, or
(ii)an assured shorthold tenancy, within the meaning of Chapter II of Part I of this Act, or

(b)premises to be let as a separate dwelling on terms which will, in the opinion of the court, afford to the tenant security of tenure reasonably equivalent to the security afforded by Chapter I of Part I of this Act in the case of an assured tenancy of a kind mentioned in sub-paragraph (a) above,
and, in the opinion of the court, the accommodation fulfils the relevant conditions as defined in paragraph 3 below.

3 (1)For the purposes of paragraph 2 above, the relevant conditions are that the accommodation is reasonably suitable to the needs of the tenant and his family as regards proximity to place of work, and either—
(a)similar as regards rental and extent to the accommodation afforded by dwelling-houses provided in the neighbourhood by any local housing authority for persons whose needs as regards extent are, in the opinion of the court, similar to those of the tenant and of his family; or
(b)reasonably suitable to the means of the tenant and to the needs of the tenant and his family as regards extent and character; and
that if any furniture was provided for use under the assured tenancy in question, furniture is provided for use in the accommodation which is either similar to that so provided or is reasonably suitable to the needs of the tenant and his family.
(2)For the purposes of sub-paragraph (1)(a) above, a certificate of a local housing authority stating—
(a)the extent of the accommodation afforded by dwelling-houses provided by the authority to meet the needs of tenants with families of such number as may be specified in the certificate, and
(b)the amount of the rent charged by the authority for dwelling-houses affording accommodation of that extent,
shall be conclusive evidence of the facts so stated.

4Accommodation shall not be deemed to be suitable to the needs of the tenant and his family if the result of their occupation of the accommodation would be that it would be an overcrowded dwelling-house for the purposes of Part X of M6 the Housing Act 1985.

geri1965_2

Presumably there is no guarantee the application will be approved. Have you put in an objection?

eddddy

geri1965 wrote: »

Presumably there is no guarantee the application will be approved. Have you put in an objection?

The OP would need to have grounds for a planning objection - unfortunately potential eviction isn't a valid one.

(FYI - here's a list of valid grounds for objection: http://www.wokingham.gov.uk/planning/residents/objections/)

dimbo61

Sit tight and wait and see.
You could ring the council and see if the planning application will be refused straight off by the council planning people

PasturesNew

Unfortunately these days, this is what often happens - it's soul destroying to be evicted when it does cost £000s (and time/stress/worry) to be moving from one rental to another.

If the agent's lips are moving, they're lying.... and too often "the long term" to a landlord quite often means "not really that long".

Hoping for you that the planning's rejected..... for many years to come.

dancingfairy

Was the deposit protected and were you given the required information? If not then any notice you are given may not be valid.
Frankly if a landlord wants you out then you will be out eventually. There are ways to spin this out and there are different ways you can challenge the notice if it is not served correctly.
At this stage you are tied in to a contract so you may be best to bide your time. You could try and negotiate an early surrender/to get your costs covered but I can't see the landlord going for this. If he planned to get it demolished why did he give you a tenancy?
I think you'll probably have to sit tight and wait and see but be prepared that you will have to move out, possibly after 6 months or so
df

[Deleted User]

I have written tonight to the LL to see if she will release us from our contract.
We moved into this flat because it was on the ground floor, neither my husband or myself are happy with stairs, we both have mobility problems.

There is a bungalow which would suit us, they do not come onto the rental market often and can be more expensive than a house.

We are not happy that this has happened so early in our tenancy, we did make it clear we were looking at fairly long term when we took the tenancy on, but I guess that counts for nothing when you are a tenant.

[Deleted User]

The letter we have intimates that they plan to proceed as soon as they get planning permission. I have feeling they have already been approached by a company. A surveyor is coming round next week to value the property. The area we live in is to be redeveloped, I suspect the developer wants the land the house stands on. It's a 1910 old hunting lodge, no listing on it, I already checked that.