Landlord wants to evict me and move back in!

Person_one

Why are you still faffing about? Why haven't you made your offer yet?

m0bov

It even says Grounds 1 cannot be used during fixed term. OP, are you sure you have a fixed term with the contract? Have you spoken with CAB? Also, did the LL give written notice of his intention to claim back possession BEFORE you signed the tenancy agreement?

Reue

MrNiceGuy_007 wrote: »

Notice from LL received today.

They want to use ground 1 in schedule 2 as per section 8..

However as listed here: https://www.gov.uk/guidance/gaining-possession-of-a-privately-rented-property-let-on-an-assured-shorthold-tenancy

Section 8 allows a landlord to seek possession using grounds 2, 8, 10 to 15 or 17 listed in Schedule 2 to the Act

So they couldn't use ground 1 regardless?

FBaby

Gosh they are thick! You'd think since getting legal advice, they would have become a bit more aware of the process. Does she really believe that all her waffling mean anything in front of the law?

They seem incredibly self-absorbed and ignorant with that! Still I agree with the poster who stated that they didn't think their request was malicious in any way and the OP is dealing with it is not helping in any way to resolve the matter.

Then why did he say 'make me an offer' in his latest email?

They didn't. OP went too far and they decided to move with the notice instead, which is exactly what they've done. No more options for offers any longer it would seem.

itchyfeet123

Assuming the OP isn't getting off on the drama, going to court - even with an almost certain victory - isn't a good outcome. It takes a tonne of time and might require legal representation.

From here, I would acknowledge receipt of the notice, state calmly and unemotively why it's not valid and make a *reasonabe* offer. Make clear it's your final offer and tell them to take it or leave it.

I would also be tempted to send them the link to this thread, on the off chance they might see reason when faced with consensus.

GDB2222

MrNiceGuy_007 wrote: »

Notice from LL received today.

If you leave it much longer, you lose any advantage. They want to get back and settled in before April. They can't force you out before then, but my impression is that you could do with some money.

So, what's your plan?

Guest101

itchyfeet123 wrote: »

Assuming the OP isn't getting off on the drama, going to court - even with an almost certain victory - isn't a good outcome. It takes a tonne of time and might require legal representation. _ why, present your tenancy agreement and have it judged on paper.

From here, I would acknowledge receipt of the notice, state calmly and unemotively why it's not valid and make a *reasonabe* offer. Make clear it's your final offer and tell them to take it or leave it. - totally agree. Final offer otherwise no more communicating.

I would also be tempted to send them the link to this thread, on the off chance they might see reason when faced with consensus.

Perhaps. It may just turn out to be a slanging match (whilst fun) wont be helpful and likely get the thread locked

MrNiceGuy_007

Person_one wrote: »

Why are you still faffing about? Why haven't you made your offer yet?

I'm not faffing about , just waiting until all the letters turned up. I have already made the offer twice and they have not accepted, just a counter offer of £1300 from LL.

m0bov wrote: »

It even says Grounds 1 cannot be used during fixed term. OP, are you sure you have a fixed term with the contract? Have you spoken with CAB? Also, did the LL give written notice of his intention to claim back possession BEFORE you signed the tenancy agreement?

Yes its fixed

I contacted the solicitor again this week because I wanted them to take over, they have provided costs and they outweigh any benefit.

First initial payment of £500+VAT
£220+VAT per hour

I asked how much would it likely run up to, they said 5-7K and the costs would unlikely be retrieved from LL.
Which lead me to believe, will the LL really pay a solicitor that much money to try and get me out. Doubt it.

Actually they just echoed what everyone was saying on here.

"Section 7 (6) of the Housing Act 1988 states that the court shall not make an order for possession to take effect during the fixed term unless the ground for possession was Ground 2 (Mortgage repossession), Ground 7a (serious offence) or Ground 8 (rent arrears)."

Getting them involved is last resort, ie if LL starts coming to the house banging on the windows.

Guest101

MrNiceGuy_007 wrote: »

I'm not faffing about , just waiting until all the letters turned up. I have already made the offer twice and they have not accepted, just a counter offer of £1300 form LL.



Yes its fixed

I contacted the solicitor again this week because I wanted them to take over, they have provided costs and they outweigh any benefit.

First initial payment of £500+VAT
£220+VAT per hour

I asked how much would it likely run up to, they said 5-7K and the costs would unlikely be retrieved from LL.
Which lead me to believe, will the LL really pay a solicitor that much money to try and get me out. Doubt it.

Actually they just echoed what everyone was saying on here.

"Section 7 (6) of the Housing Act 1988 states that the court shall not make an order for possession to take effect during the fixed term unless the ground for possession was Ground 2 (Mortgage repossession), Ground 7a (serious offence) or Ground 8 (rent arrears)."

Getting them involved is last resort, ie if LL starts coming to the house banging on the windows.

Just call the police if that happens.


Oh and P.S. I'll happily represent in court for much much less. In fact i'll deal with all of this for much less!

MrNiceGuy_007

Guest101 wrote: »

Just call the police if that happens.


Oh and P.S. I'll happily represent in court for much much less. In fact i'll deal with all of this for much less!

Offer accepted :beer: