LL termination notice due to some AIRBNB - help(!)

theartfullodger

Landlord can evict you for no reason at all, it will happen (Thatcher's "section 21").

Only one question: Do you want to keep living there or not? If you do, comply...

AnotherJoe

anyadvicehelp wrote: »

Hi - be grateful for any help please...

• Have been renting a place in Westminster, London for about 9 years (a lot of money)
• The rent has always been paid on time and the flat has been kept in great condition
• Its rented off big landlord company that own a lot of local property in Westminster
• I have been travelling and staying away due to the difficulties of finding work over last 6months
• My partner has been helping with the rent & bills and stays when he is in London
• I signed a new fixed term AST for a year from Aug 2017- Aug 2018 with the landlord company
• There have been issues recently with the lift in the building over the last 3months, but that is fixed

Just this week the landlord sent an email indicating they will serving notice of termination and will take legal action if we do not comply. In the email they say the basis for the notice is a breach of the AST terms:

• Running a business in the premises
• Not occupying the residence as a principle home
• Subletting
• Assigning the tenancy of the premises

It would seem that my partner has been occasionally using AIRBNB when I am and him are not there.

He says this is occasional and has helped him contribute to the large rent bill & costs in my work absence

The lease is in my name only.

I am devastated by this Notice of Termination and don't know what to do?

The Westminster Council and MP promotes the sharing economy and AIRBNB within reason.

I don't know how I can fight this and what to do??

Fight what?

AIUI they will evict you IF you dont comply.

So comply and tell them you are now compliant.

And dump the so called boyfriend whose been taking the proverbial.

anyadvice4me

Hi - thanks for the responses. I am stressed and have work - but will reply to anything constructive. Will need to know where I stand legally and how long I have if the landlord continues down the path. I am away and unable to check for any section 21 notices in the post - but assume it is there. Bear in mind the Landlord owns half of the street and a lot of commercial/residential property around London - so it isn't an individual but a corporate residential manager that I am dealing with.

Will fill in the gaps and reply to the messages shortly.

MataNui

anyadvicehelp wrote: »

Just this week the landlord sent an email indicating they will serving notice of termination and will take legal action if we do not comply. In the email they say the basis for the notice is a breach of the AST terms:

• Running a business in the premises
• Not occupying the residence as a principle home
• Subletting
• Assigning the tenancy of the premises

It would seem that my partner has been occasionally using AIRBNB when I am and him are not there.

He says this is occasional and has helped him contribute to the large rent bill & costs in my work absence

The lease is in my name only.

I am devastated by this Notice of Termination and don't know what to do?

The Westminster Council and MP promotes the sharing economy and AIRBNB within reason.

I don't know how I can fight this and what to do??

From what you have said he hasnt served notice. He is telling you that if you dont stop breaking the terms of the tenancy by subletting he will serve notice. What on earth do you think is wrong with his position?

Nowhere have you suggested that you intend to stop letting it out via AIRBNB which is something you have no right to do. You cant fight it. Apologize and stop subletting then he will probably not serve notice.

And in response to an earlier comment we do know exactly how this will go if it ends up in court to force an eviction. You will be out (and probably dragged out by bailiffs). You have repeatedly broken the terms of the agreement by subletting. that always ends up with the court siding with the landlord.

parkrunner

anyadvicehelp wrote: »

Just this week the landlord sent an email indicating they will serving notice of termination and will take legal action if we do not comply. In the email they say the basis for the notice is a breach of the AST terms:

• Running a business in the premises
• Not occupying the residence as a principle home
• Subletting
• Assigning the tenancy of the premises

That indicates to me that if you comply then it will be ok.

Comms69

MataNui wrote: »

From what you have said he hasnt served notice. He is telling you that if you dont stop breaking the terms of the tenancy by subletting he will serve notice. What on earth do you think is wrong with his position?

Nowhere have you suggested that you intend to stop letting it out via AIRBNB which is something you have no right to do. You cant fight it. Apologize and stop subletting then he will probably not serve notice.

And in response to an earlier comment we do know exactly how this will go if it ends up in court to force an eviction. You will be out (and probably dragged out by bailiffs). You have repeatedly broken the terms of the agreement by subletting. that always ends up with the court siding with the landlord.

Can we stop perpetuating this myth of bailiffs dragging people out kicking and screaming.


They send an appointment letter in advance, all the OP would need to do is pack up her belongings and hand back the keys. It's really an administrative task.

Comms69

anyadvice4me wrote: »

Hi - thanks for the responses. I am stressed and have work - but will reply to anything constructive. Will need to know where I stand legally and how long I have if the landlord continues down the path. I am away and unable to check for any section 21 notices in the post - but assume it is there. Bear in mind the Landlord owns half of the street and a lot of commercial/residential property around London - so it isn't an individual but a corporate residential manager that I am dealing with.

Will fill in the gaps and reply to the messages shortly.

regardless the s.21 cannot expire before august.


eviction from then on would still take around 12-20 weeks. (yes it could be as low as 6, but that is rare)

mrginge

anyadvicehelp wrote: »

It would seem that my partner has been occasionally using AIRBNB when I am and him are not there.

Yeah right.

Cakeguts

I have read this to mean that the landlord has served an S21 asking the tenant to vacate and if they don't vacate they will take the tenant to court to get possession. The other interpretation doesn't make any sense. If they carry on with the Airbnb they will get an S21 what other legal action can the landlord take?

Cakeguts

anyadvice4me wrote: »

Hi - thanks for the responses. I am stressed and have work - but will reply to anything constructive. Will need to know where I stand legally and how long I have if the landlord continues down the path. I am away and unable to check for any section 21 notices in the post - but assume it is there. Bear in mind the Landlord owns half of the street and a lot of commercial/residential property around London - so it isn't an individual but a corporate residential manager that I am dealing with.

Will fill in the gaps and reply to the messages shortly.

It doesn't make any difference if it is a corporate residential landlord or an individual landlord if you break the terms of the tenancy in this way and make a problem for the landlord whoever they are it will end in an S21.

If you have got an S21 which it sounds as if you have then you need to start looking for somewhere else to live. How much you have paid in rent makes no difference that was your choice.