Landlord wants to evict me and move back in!

Arleen

Ah, thanks for the explanation. Out of my curiosity, what to do in a situation where there is no address like that on the tenancy agreement or mention of how it will be provided? Lets assume that it was later just sent in an email, that I just can't find. Seems weird that landlord would be free to ignore a request to send out that address again.

Rosemary7391

Arleen wrote: »

Ah, thanks for the explanation. Out of my curiosity, what to do in a situation where there is no address like that on the tenancy agreement or mention of how it will be provided? Lets assume that it was later just sent in an email, that I just can't find. Seems weird that landlord would be free to ignore a request to send out that address again.

The LL would have to go to court to get the rent from the tenant if they held onto it. I guess the LL would have to show that the tenant had received the email. And explain to the court why they hadn't just resent it! I can't see them getting their court costs awarded in that case. Stamps are cheaper, emails even more so.

MrNiceGuy_007

silvercar wrote: »

I read it that you didn't intend paying any more rent until you have an address within E &W. The risk is that the LL then takes you to court to evict under a section 8, claiming that the Letting Agent he referred to in the email has been given to you as the E & W address for serving of notices. Then there is the risk that the court sides with the LL and you end up evicted.

Not fair on you if you genuinely haven't ever been given an address in E & W, but the LL seems to think you have.

No letting agent, my contract is direct with LL

Miss_Samantha

Rosemary7391 wrote: »

The LL would have to go to court to get the rent from the tenant if they held onto it. I guess the LL would have to show that the tenant had received the email. And explain to the court why they hadn't just resent it! I can't see them getting their court costs awarded in that case. Stamps are cheaper, emails even more so.

If they show that the rent is due but not paid they will get an order and their cost. Judges can also see through unreasonable behaviour from tenants...

Pixie5740

jamesb1983 wrote: »

No letting agent, my contract is direct with LL

Yes regardless of whether or not a landlord uses a letting agent the tenant will have a contract with the landlord. It's the landlord who has a contract with the letting agent not the tenant.

When a landlord uses a letting agent it is perfectly acceptable for the landlord to use the letting agent's address as the address for serving notices. It is how landlords living outside of England & Wales comply with the address for the serving of notice requirements in the Landlord & Tenant Act 1985.

The address for the serving of notices doesn't have to be the landlord's home address it just has to be in England or Wales.

silvercar

Pixie5740 wrote: »

Yes regardless of whether or not a landlord uses a letting agent the tenant will have a contract with the landlord. It's the landlord who has a contract with the letting agent not the tenant.

When a landlord uses a letting agent it is perfectly acceptable for the landlord to use the letting agent's address as the address for serving notices. It is how landlords living outside of England & Wales comply with the address for the serving of notice requirements in the Landlord & Tenant Act 1985.

The address for the serving of notices doesn't have to be the landlord's home address it just has to be in England or Wales.

Exactly. So in court the LL could claim that the rent was due and not paid and that the LA's address had been supplied. When you go to court nothing is 100% guaranteed.

Person_one

jamesb1983 wrote: »

Rent is paid electronically to landlord.

Pixie5740 wrote: »

Does your TA have an address for the serving of notices? If yes which country is the address in?

jamesb1983 wrote: »

Yes, its a PO box in United Arab Emirates :eek:

Just a reminder, it is a long thread!

MrNiceGuy_007

Person_one wrote: »

Just a reminder, it is a long thread!

LL has supplied an UAE address as place of residence, however the section which is specifically for sending notices LL has suplied an email address.
Apologies for the confusion.

Lioness_Twinkletoes

robatwork wrote: »

Is your sig meant to be sarcastic - or are you a respected poster since way back in Dec 2016?

He's a little unusual unfortunately. You should check out this thread - it's both hilarious and sad.

Person_one

jamesb1983 wrote: »

LL has supplied an UAE address as place of residence, however the section which is specifically for sending notices LL has suplied an email address.
Apologies for the confusion.

Right, well that's nice and clear, there is no address in England and Wales anywhere, no letting agent, no nothing, so no rent due. You're not withholding rent, you are under no obligation to pay rent currently and probably haven't been since the start of your tenancy, but there's not a great deal you can do about that now.

"Section 48 of the Act states that any rent, service charge or administration charges shall not be due until the tenant has been provided with an address at which notices in proceedings can be served. The Section does not state that the landlord's personal address is required for the amounts to become due. So a landlord can seek possession of a property on rent arrears grounds or the arrears themselves if he has provided an address at which notices and proceedings can be served. This address can be the landlord's own address, that of the landlord's letting agent, solicitor or friend. The address can also be a business address, preferably a registered office."

http://www.buckles-law.co.uk/site/library/managing_agents_news/requirements_for_landlords_address_on_legal_notices