Landlord wants to evict me and move back in!

molerat

Has he issued a Form 3 ?

Which states in the notes on completion (my highlighting)
[FONT=&quot]

The court will not make an order under grounds 1, 3 to 6[1], 9 or 16, to take effect during the fixed term of the tenancy (if there is one) and it will only make an order during the fixed term on grounds 2, 7, 7A, 8, 10 to 15 or 17 if the terms of the tenancy make provision for it to be brought to an end on any of these[FONT=&quot].[/FONT][/FONT][FONT=&quot] [/FONT]

MrNiceGuy_007

molerat wrote: »

Has he issued a Form 3 ?

Which states in the notes on completion (my highlighting)
[FONT=&quot]

Thanks, I know it even says it on the Form 3 used.

G_M

Might be worth referring the landlord to S7. 6a of the Housing Act.......

MrNiceGuy_007

Its a big thread so here is the Form 3

Guest101

MrNiceGuy_007 wrote: »

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.

PM me your email adress

MrNiceGuy_007

G_M wrote: »

Might be worth referring the landlord to S7. 6a of the Housing Act.......

I have, but LL is only reading the parts that LL wants to see.

leslieknope

you and LL have both said that you didn't use agents so did the LL write the contract herself? or use a copy of one the estate agents had provided for a previous tenant? because it doesn't sound like they actually know what the contract entails and i can't imagine a solicitor would give them incorrect information unless they were given incorrect information by the LL. which it sounds like they have. because they are stupid. i don't normally advocate using estate agents when things could be done privately without the EA fees, but it sounds like they could have really used the help.

do you really want to go to court to fight this, regardless of your winning? have you made an offer as a compromise between your offer and theirs?

fairy_lights

MrNiceGuy_007 wrote: »

Its a big thread so here is the Form 3

What an absolute chancer, the form literally says he can't do what he's trying to do and yet he persists in trying to do it.

jadex

deleted as irrelevant

Rambosmum

jadex wrote: »

deleted as irrelevant

deleted as also irrelevant