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

anyadvice4me

Thanks. I am grateful for your reply. I just appreciate practical advice as I am scared and don't know what to do.

I have been a tenant at this flat for about 9yrs and have always paid rent and kept the flat in the same condition.

I have exchanged emails with the Landlord company but they have not responded to my last email.

They have served a section 6A notice in a "Department for Communities Local Government FORM 6A" standard template.

I am not sure what this means as I thought Ground 6 was evicting on grounds of building works? They have not sent a section 21, but I can check to see if we signed any s21 at the start of the last tenancy renewal which began at the end of Aug-17 (if that is relevant?).

The FORM 6A notice has a cover letter from the LL company and says that they are serving this notice due to a particular clause in the AST. That specific clause is the break clause and just says the below in the AST

"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.”

There was no lift in the building for 3months late last year (the flat is on the top floor of the building) - it was hard for my partner to climb the stairs, so he Airbnb'ed it to help pay for things while he was not there and to stop it being empty (there had been a burglary a couple of years ago in a flat downstairs). I had complained to the Landlord about the Lift access and they said at that time I could leave if I did not like it. I have a feeling they may be relating now.

I am just not able to move at this time. I don't know where to start with this? Do I have any way of overcoming this? I can try and reason with the LL - but are there any places I can go to get any support or help? Are there any organisations, local council, local Gov or the Westminster MP surgery that can help intervene, mediate or advise?

Comms69

anyadvice4me wrote: »

Thanks. I am grateful for your reply. I just appreciate practical advice as I am scared and don't know what to do.

I have been a tenant at this flat for about 9yrs and have always paid rent and kept the flat in the same condition.

I have exchanged emails with the Landlord company but they have not responded to my last email.

They have served a section 6A notice in a "Department for Communities Local Government FORM 6A" standard template.

I am not sure what this means as I thought Ground 6 was evicting on grounds of building works? They have not sent a section 21, but I can check to see if we signed any s21 at the start of the last tenancy renewal which began at the end of Aug-17 (if that is relevant?).

The FORM 6A notice has a cover letter from the LL company and says that they are serving this notice due to a particular clause in the AST. That specific clause is the break clause and just says the below in the AST



There was no lift in the building for 3months late last year (the flat is on the top floor of the building) - it was hard for my partner to climb the stairs, so he Airbnb'ed it to help pay for things while he was not there and to stop it being empty (there had been a burglary a couple of years ago in a flat downstairs). I had complained to the Landlord about the Lift access and they said at that time I could leave if I did not like it. I have a feeling they may be relating now.

I am just not able to move at this time. I don't know where to start with this? Do I have any way of overcoming this? I can try and reason with the LL - but are there any places I can go to get any support or help? Are there any organisations, local council, local Gov or the Westminster MP surgery that can help intervene, mediate or advise?

No. The LL is not obliged to listen to anyone else. If they wish to evict that is that.


Form 6A is not ground 6A, so don't get those confused.


The break clause however may be invalid IF you do not have a right to invoke it. You need to provide the full wording

anyadvice4me

The wording in the AST is the below...

Break Clause
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.

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.

I assume as its reciprocal - the clause and thus AST is valid?

I thought Section 21s are used to attain possession and did not know that a FORM 6A is to be used.

The Landlord company has future developments in the pipeline in the area and may want to stay on the right side of the local council. People had complained to an MP caseworker about the lift issue and the owner of the business did reply to the MP caseworker. I am unsure if highlighting this issue to the company owner, may stop the actions of the individual Property Manager and force a reply or compromise. Most would have considered that if a good tenant's partner had done something like this, there would be a warning or something - and not this action against the actual AST tenant?

Comms69

anyadvice4me wrote: »

The wording in the AST is the below...



I assume as its reciprocal - the clause and thus AST is valid?

I thought Section 21s are used to attain possession and did not know that a FORM 6A is to be used.

The Landlord company has future developments in the pipeline in the area and may want to stay on the right side of the local council. People had complained to an MP caseworker about the lift issue and the owner of the business did reply to the MP caseworker. I am unsure if highlighting this issue to the company owner, may stop the actions of the individual Property Manager and force a reply or compromise. Most would have considered that if a good tenant's partner had done something like this, there would be a warning or something - and not this action against the actual AST tenant?

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/515658/Form_6A_INTERACTIVE_FINAL_Possession_property.pdf


Form 6a is the form used. s.21 is the law under which notice is served.


Please don't be silly. You are one person, who neither the council nor the MP care about. That's not being harsh. People are evicted everyday.


Planning committees don't hear about this, and certainly aren't allowed to take it into account!

anyadvice4me

Thanks. I was just unsure if I can go a different route to contact the boss of the Landlord company as an individual property manager can do something which a diplomatic appeal to the boss may change; it would be important to check that leadership are in agreement with the current approach of the property manager.

There is a Section 33 (Preventing retaliatory eviction) in the Deregulation Act 2015 - I am unsure if I have any grounds for a re-think, on the basis that it may be construed as retaliative action for complaining about the lift service in writing to the property manager. If they have the 2m break clause in the contract I assume this has no weight?

anyadvice4me

I have not done anything wrong. If they have any evidence/screen shots of an Airbnb listing of the flat - it would not be in my name and not by me. Does this mean that anyone who has pictures of your flat - can post them on Airbnb and then get you evicted?

need_an_answer

anyadvice4me wrote: »

I have not done anything wrong. If they have any evidence/screen shots of an Airbnb listing of the flat - it would not be in my name and not by me. Does this mean that anyone who has pictures of your flat - can post them on Airbnb and then get you evicted?

But surely the property has attracted money as a result of it being listed on a commercial website and it is that that is in breach of the lease?

Maybe the transaction was not made by yourself but you certainly are aware of who did breach the lease terms.

deFoix

anyadvice4me wrote: »

I have not done anything wrong. If they have any evidence/screen shots of an Airbnb listing of the flat - it would not be in my name and not by me. Does this mean that anyone who has pictures of your flat - can post them on Airbnb and then get you evicted?

Yes you have. You allowed someone else into the flat who broke the terms of the rental agreement - that's YOUR fault.

You seem like a person who is unable or unwilling to take any personal responsiblilty. Stop playing victim.

fairy_lights

anyadvice4me wrote: »

I have not done anything wrong. If they have any evidence/screen shots of an Airbnb listing of the flat - it would not be in my name and not by me. Does this mean that anyone who has pictures of your flat - can post them on Airbnb and then get you evicted?

Oh jeez stop playing the victim.
The tenancy is in YOUR name and YOU allowed this to happen.

anyadvice4me

Comms69 wrote: »

Form 6a is the form used. s.21 is the law under which notice is served. Please don't be silly. You are one person, who neither the council nor the MP care about. That's not being harsh. People are evicted everyday. Planning committees don't hear about this, and certainly aren't allowed to take it into account!

Thanks. The particular MP for this area has been active in promoting/discussing the sharing economy and Airbnb issue. I think this is part of the Deregulation Bill that was introduced. Thus they may be willing to be more involved.