Landlord wants to evict me and move back in!

geoffken

Keep on posting!!!
This is getting to be better than Subwayballs (meat of course)

Bob_Bank_Spanker_2

GDB2222 wrote: »

The LL is entitled to rent only until the property is relet, and he has to make reasonable efforts to relet. That would not take 3 months.

Huh? Nobody is forced make reasonable attempts to relet?! You can do whatever you choose with your property.

Guest101

GDB2222 wrote: »

The LL is entitled to rent only until the property is relet, and he has to make reasonable efforts to relet. That would not take 3 months.

That is incorrect.


A LL is entitled to collect rent until the end of the fixed term.


If the LL chooses to relet (they do not need to make any effort to do so) they may still agree any terms they wish for an early surrender

silvercar

Bob_Bank_Spanker wrote: »

Huh? Nobody is forced make reasonable attempts to relet?! You can do whatever you choose with your property.

In a court case, you would be expected to demonstrate that you have done what you can to mitigate your losses.

Guest101

silvercar wrote: »

In a court case, you would be expected to demonstrate that you have done what you can to mitigate your losses.

I'm sorry but that is incorrect. Rent is a debt, there is no obligation to mitigate that loss

mrginge

silvercar wrote: »

In a court case, you would be expected to demonstrate that you have done what you can to mitigate your losses.

There is no loss.

Guest101

mrginge wrote: »

There is no loss.

Even better than how I wrote it

MrNiceGuy_007

Your probably getting sick of this, but no more than I am. My heart is racing on receipt of emails from LL, I guess my stress levels have just started to react

Emails today.


### LL
Please find attached the documents previously sent by post.
If you can advise when you plan to move out so we can arrange the handover. Our sons will do this on our behalf.

## Me
The notice cannot be served within a fixed term and therefore is invalid, our planned move out date is August 4th 2017, unless the financial agreement previously put forward is accepted.

## LL
Unfortunately it is mandatory under Ground 1 if we require it back for personal use and it was previously our home. So both 1a) and b) apply. We have had this confirmed by our solicitor and the landlords association. If you are refusing to comply with this we will have no option but to pursue it through the courts. Costs will have to be paid by both parties. I am told, in the region of 2k each. We really do not want to take this course of action but will do if we have to. We realise it is not ideal but you have plenty of time to find another property. And we can only apologise for the change in circumstances. We feel sure if you were in the same position you would do exactly the same. We are not in it for monetary gain so the law would be on our side I'm afraid. Hence it was listed in the original contract.

## Me
Please send me the solicitors letter confirming the notice is valid for a fixed term short hold tenancy.

## LL
Just arranging it. Will be with you shortly.

Cakeguts

Is the solicitor and landlords association based in the UAE? Sounds like it.

Lokolo

Wait to see what their solicitor says, it could be that the LL hasn't told the solicitor that you are in a fixed term. And same with the LL association.

Just for reference

http://www.landlordzone.co.uk/content/ground-1-notice

Section 8 of the Housing Act 1988 specifies under Schedule 2, Ground 1, a means of recovering possession of a residential rental property let on an Assured Tenancy (AT) or an Assured Shorthold Tenancy (AST) but this only applies after the fixed-term has ended during the statutory periodic terms. See Housing Act 1988 Schedule 2, Ground 1 and s7(6)(a).

Another

http://www.landlordsguild.com/product/ground-1-landlords-only-or-principal-notice/

The intention of a ground 1 notice is to allow possession on an “assured” tenancy where the landlord may seek the property back due to living in the property as the landlords only or principle home. However, possession may not be sought during the fixed term and even during any periodic term, two months notice is required.

Edit - you should also have worded it "Please send me confirmation from solicitor that this order is valid during a fixed term agreement".