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LandLord just gave me notice.

17810121319

Comments

  • DaveTheMus
    DaveTheMus Posts: 2,669 Forumite
    justjohn wrote: »
    Never understood this .....the LL will get the house back sooner or later. Some tenants seem to put so much effort into staying in a property rather than looking for a new one.


    I don't get it myself....

    The person who owns the property wants it back, then give them it back...you will have to eventually.

    Put your energy into finding a new place.
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  • Pixie5740
    Pixie5740 Posts: 14,515 Forumite
    10,000 Posts Eighth Anniversary Name Dropper Photogenic
    I don't get why some landlords fail to meet even the most basic legal requirements of letting out a property yet they do.

    The ownership of the property passes to the tenant during the tenancy. That's why the LL cannot end the tenancy and has to serve notice to start the process of gaining possession again and going to court if necessary.
  • DaveTheMus
    DaveTheMus Posts: 2,669 Forumite
    Pixie5740 wrote: »
    I don't get why some landlords fail to meet even the most basic legal requirements of letting out a property yet they do.

    The ownership of the property passes to the tenant during the tenancy. That's why the LL cannot end the tenancy and has to serve notice to start the process of gaining possession again and going to court if necessary.

    Really??????

    I would love to see some evidence of this...
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  • At least I am not planning in suing him for not protecting my deposit. He wanted the benefits of being a LL and receive the rent but didn't bother to do things properly.
    Is understandable he wants his property back in 2 moths time but unfortunately my circumstances changed…he should know that he needs to allow time for the court order.
  • HAMISH_MCTAVISH
    HAMISH_MCTAVISH Posts: 28,592 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 20 December 2014 at 11:49PM
    Pixie5740 wrote: »
    The ownership of the property passes to the tenant during the tenancy..

    It most certainly does not.

    The tenant has a limited right to use the property for defined purposes during the term of the lease.

    They are temporarily borrowing the property in return for financial compensation to the landlord.

    At no time does ownership transfer.

    Once the correct notice is given and notice period expires, the tenant is under a contractual obligation to leave the property, and if they breach this obligation and force the landlord to obtain possession through the courts, they can have costs awarded against them and the chances of getting a reference are effectively nil.
    “The great enemy of the truth is very often not the lie – deliberate, contrived, and dishonest – but the myth, persistent, persuasive, and unrealistic.

    Belief in myths allows the comfort of opinion without the discomfort of thought.”

    -- President John F. Kennedy”
  • jjlandlord
    jjlandlord Posts: 5,099 Forumite
    Once the correct notice is given and notice period expires, the tenant is under a contractual obligation to leave the property.

    That's never the case in an AST if the notice is from the landlord.
  • topdaddy_2
    topdaddy_2 Posts: 1,408 Forumite
    At least I am not planning in suing him for not protecting my deposit. He wanted the benefits of being a LL and receive the rent but didn't bother to do things properly.
    Is understandable he wants his property back in 2 moths time but unfortunately my circumstances changed…he should know that he needs to allow time for the court order.

    Why on earth not?
  • topdaddy wrote: »
    Why on earth not?

    I don't understand why I should?
    As long as he pays my deposit back I am ok.
    I don't want to cause him hardship. As far as I know he has only this property, and a family. Apparently he rents where he is living right now. It is not like he has a portfolio with 50 houses and being a LL is his main job.
  • Pixie5740
    Pixie5740 Posts: 14,515 Forumite
    10,000 Posts Eighth Anniversary Name Dropper Photogenic
    DaveTheMus wrote: »
    Really??????

    I would love to see some evidence of this...
    It most certainly does not.

    The tenant has a limited right to use the property for defined purposes during the term of the lease.

    They are temporarily borrowing the property in return for financial compensation to the landlord.

    At no time does ownership transfer.

    http://www.landlordlawblog.co.uk/2010/08/31/urban-myth-when-a-landlord-lets-a-property-its-still-his/

    Once the correct notice is given and notice period expires, the tenant is under a contractual obligation to leave the property, and if they breach this obligation and force the landlord to obtain possession through the courts, they can have costs awarded against them and the chances of getting a reference are effectively nil.

    Oh no they're not. (Well it is panto season.) The tenancy can only be ended by the tenant or a court, not a landlord.
  • jjlandlord
    jjlandlord Posts: 5,099 Forumite
    There is no transfer of ownership, it's more complex than that. The article linked to is misleading.

    During the lease the tenant has exclusive possession, which more or less means that he can use the property as if it was his.
    The tenant has possession and use to the exclusion of the landlord. But the landlord is still obviously the one who owns the property: He is entitled to rent from the tenant, he is entitled to sell the property and benefit from the sale, if the tenant damages the property then the landlord is entitled to compensation, etc.
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