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

John-K_3

Comms69 wrote: »

I'd be surprised if they issue a s.8. It's so often a waste of money

And they change their tune when pressed, admitting that what they wrote before was rubbish...

Comms69

John-K wrote: »

As I said, there will be posts like this, implying that you be awkward. I suggest that you ignore them, they are not written to help you, they tend to be written because people dislike landlords.

It's not awkward to be legally evicted. It's what the law requires a LL to do. Like any other business, there are regulations. It's no different to requiring a refund when a product is faulty - pesky awkward customers....


I quite like landlords fyi, except those that feel the law is a voluntary part of their business model.

John-K wrote: »

And they change their tune when pressed, admitting that what they wrote before was rubbish...

It wasn't rubbish, it was correct at the time of posting. If people don't provide relevant info - e.g. a break clause- it's impossible to give correct info.


A court typically will not order possession if the reason for the notice has been rectified. Courts do not make people homeless willy nilly and to suggest that they do is simply wrong

EachPenny

Comms69 wrote: »

A court typically will not order possession if the reason for the notice has been rectified. Courts do not make people homeless willy nilly and to suggest that they do is simply wrong

I'm not a property lawyer, but whilst the above might be true generally, I'm not sure the OP would have a strong argument to make to the Court along the lines of "please don't make me homeless" when they are not actually living in the country (let alone the property) and one of the breaches being claimed is "Not occupying the residence as a principle home".

To dodge that the OP would presumably need to make the flat their principal home again and accept the consequences that has for their employment prospects (and potentially ability to pay the rent).

Personally I'd ditch the flat and the boyfriend, before either causes me any more hassle.

G_M

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. ....??

1) so far, you have not received any legal notice, just a warning

2) comply by stopping the breaches, and you can stay

3) but can you afford to stay? Can your partner afford to contribute to the rent without the airb&b income? Do you want to keep this untrustworthy partner?

4) Your fixed term is till August. Is there or is there not a Break Clause, and what exactly does it say (please quote). Any S21 Notice you receive depends on this. Assuming a S21 is valid (it may not be) you can be evicted without reason when it expires which will be either
* after August, or
* 2 months after service if there is a valid Break Clause

5) A S8 notice could be served instead, but this is discretionary. The LL would have to convince a judge the breaches warranted eviction.

Thrugelmir

G_M wrote: »

5) A S8 notice could be served instead, but this is discretionary. The LL would have to convince a judge the breaches warranted eviction.

That's why a formal written warning has been issued. No disputing the facts.

ashe

Well the cynic in me says its easier to get advice from a forum if you have an evil partner to blame for everything, rather than saying 'I got caught out'...Normally wouldn't even consider that but OP is awfully defective of blame towards the company and mentioning support from politicians for AirBNB/rentaroom in OP is a bit suspect.

csgohan4

This is a wind up, calling it

anyadvice4me

Hi, thanks for the information, I am reading the advice and will reply as much as I can.

I have spend the last day going through the Aug-17 to Aug-18 one year AST contract, it does state this in it..

"Break Clause
7.1 It is further mutually agreed that the Tenant shall have the right to terminate the Tenancy Agreement by the giving of two calendar months notice in writing to the Landlord of their intention so to do the tenancy thus determining upon the expiration of such notice but without prejudice to the rights of either party. Please note, this notice must be given on the rent due date and the expiry date should not fall on either a Sunday or a bank holiday.

7.2 It is further mutually agreed that the Landlord shall have the right to terminate the Tenancy Agreement by the giving of two calendar months notice in writing to the Tenant of their intention so to do the tenancy thus determining upon the expiration of such notice but without prejudice to the rights of either party. Please note, this notice must be given on the rent due date and the expiry date should not fall on either a Sunday or a bank holiday."

If this is the case, does it mean that they will not need any formal legal process? - or if a possession order is requested after 2 months, its a done deal that it will be given?

It may not come to that, however I just want to know where I stand legally as they may not be willing to understand or change their minds at all (they have a lot of flats).

AnotherJoe

Several simple questions for you to answer.
If what you wrote initially is correct, why do you think you need to change their minds, when simply by telling them that you are stopping the AirBNB and will be occupying the property, they wil not issue a eviction notice?
Why are you "devastated" when you don't appear to live in the property or be able to afford it ?
Why don't you move to somewhere you can afford?
And finally, why don't you understand that the only legal process needed would be if you pointlessly contested their formal notification to leave as per the ts&cs ?

00ec25

anyadvice4me wrote: »

Hi, thanks for the information, I am reading the advice and will reply as much as I can.

I have spend the last day going through the Aug-17 to Aug-18 one year AST contract, it does state this in it..


If this is the case, does it mean that they will not need any formal legal process? - or if a possession order is requested after 2 months, its a done deal that it will be given?

It may not come to that, however I just want to know where I stand legally as they may not be willing to understand or change their minds at all (they have a lot of flats).

if the LL serves notice under the break clause then that has nothing whatsoever to do with the legal processes already mentioned

the break clause says the LL wants the tenancy to end once the notice period set out in the break clause has passed. note carefully, it does NOT end the tenancy. If you as tenant continue in occupation after the break clause notice period has passed the LL must then return to the legal processes already mentioned, they will need to go to court and get a court awarded possession order. Only once they have one of those will you tenancy be ended.

if you want to play hard ball the following scenario could possibily apply:
1. LL gives notice under the break clause but fails to issue a S21 at the same time
2. 2 months later you refuse to leave and continue in occupation at which point LL realises his mistake and serves a S21 giving another 2 months notice
3. 2 months later you refuse to leave, LL cannot physically evict you so must go to court to get a possession order. It could take 1 - 2 months to get a court date. (you will be liable for their court fees)
4. if the S21 was dated correctly then there is no defence against it and the court will automatically award a possession order.
5. you continue to refuse to leave, LL cannot physically evict you, so must appoint bailiffs who can physically evict you. That could take another 1 - 2 months before the bailiffs turn up and carry out the eviction

total time lapsed 6 - 8 months ... but please understand, if they serve a S21 it is only a matter of time before you will be leaving.

the whole point of posts to date is that it appears you have not had a S21, you have had a formal warning, but it seems you want to ignore that?