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

DCFC79

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?

No you weren't involved in what happened BUT the lease is in your name which makes you accountable. Maybe you shpuld be venting your anger toward your partner, maybe go as far consider the future there is for you 2.

Cakeguts

If someone posted picture of a flat on airbnb and they were not the tenant of the flat of the owner of the flat and people turned up to rent a room at the flat and the owner/tenant didn't know anything about it airbnb would remove the advert.

In your case people did come and stay at your flat so you are in the wrong because you allowed someone to stay in your flat and do advertise it on airbnb against your tenancy agreement and possibly against the policy of the local council.

Your landlord cannot allow you to stay there because they can't now trust you. You will be evicted eventually and you will have to find somewhere else to live so instead of wasting time trying to fight something that you can't win you would be better to look for somewhere else which is also cheaper.

anyadvice4me

G_M wrote: »

-It's a S8 Notice (faster than S21) using Ground 12. See Schedule 2 (17 S8 Grounds a LL can use)

Why they state after 21-Mar-18 on it?
S8 is faster than S21
S21 does not require a reason.
S8 does require a reason - in this case ground 12.

-Are the dates that they can get possession still the 28-Apr-18 or later?
No. If the S8 succeeds it could be shortly after 21st March depending on court date

-If they are agreeable can any of this be retracted?
Of course
-Is there anywhere I can go to understand this process better and if I have any rights?
CAB
Shelter
A property/housing law solicitor
You are going to have to either negotiate and reach an agreement, or leave at some point..
Focus on those two options.

Grateful for the reply. This is a shock to me. Although I welcome understanding a little more..

With the S8, how long would I approx have for a court date and a hearing? How would I be notified so I can ensure attendance or send someone if I have to work? I understand "Ground 12" is discretionary ground and it would be up to me to defend possession (how long is generally provided to leave if I lost the S8?). Will costs be awarded against me?

If I lost, I think I understand they would then need to get a possession order if I had not been able to move out? I assume there is limited ways to defend against the subsequent possession order? - and again I am unsure how long I would have to leave?

Rent is due for the next month in the next couple of days, if I pay it, will I see any of it back if the S8 is successful in any way?

franklee

anyadvice4me wrote: »

With the S8, how long would I approx have for a court date and a hearing? How would I be notified so I can ensure attendance or send someone if I have to work? I understand "Ground 12" is discretionary ground and it would be up to me to defend possession (how long is generally provided to leave if I lost the S8?). Will costs be awarded against me?

If I lost, I think I understand they would then need to get a possession order if I had not been able to move out? I assume there is limited ways to defend against the subsequent possession order? - and again I am unsure how long I would have to leave?

Rent is due for the next month in the next couple of days, if I pay it, will I see any of it back if the S8 is successful in any way?

Like other posters I'm baffled as to why you wish to cling on to a flat you can't afford and don't have work nearby. Maybe you want to hang onto the airB&B income if there are bookings over the next few weeks?

However given you are asking about the procedure this is what I think:

The time till the court hearing will depend on how busy the courts are so will vary by area. You can ring the court to ask about procedure so try asking them although it may be they cannot predict.

If you loose costs will be awarded against you.

The possession order will be made at the hearing. You would then typically have two weeks. If you still don't leave the landlord would instruct bailiffs. Again the wait time depends on area.

This gives a good overview of the process:

https://www.citizensadvice.org.uk/housing/renting-privately/during-your-tenancy/check-your-section-8-notice/

Frankly I think your breach of the tenancy is pretty major and unfair to your landlord.

Comms69

anyadvice4me wrote: »

Grateful for the reply. This is a shock to me. Although I welcome understanding a little more..

With the S8, how long would I approx have for a court date and a hearing? How would I be notified so I can ensure attendance or send someone if I have to work? I understand "Ground 12" is discretionary ground and it would be up to me to defend possession (how long is generally provided to leave if I lost the S8?). Will costs be awarded against me? - Possibly

If I lost, I think I understand they would then need to get a possession order if I had not been able to move out? - if you lose they get a possession order, that why they're going to court I assume there is limited ways to defend against the subsequent possession order? - and again I am unsure how long I would have to leave? - a few weeks

Rent is due for the next month in the next couple of days, if I pay it, will I see any of it back if the S8 is successful in any way?

Unless it's a solicitor they will have no right of audience without you being present.


The law is:


You can speak
Solicitor can speak
Anyone else can speak, as long as you are sat next to them!

Annie35

The dates the notices end (21st march/28th april) are the dates they can apply to court for eviction. You don't need to leave on these dates & baliffs won't come on these dates.

The s8 notice is based on you running a business so I guess the defence would be 'prove it' & it may come down to wether they have the airbnb reviews page or not. They may or may not wait till the April date anyway.

Then the s21 notice, could you fight it? Well firstly is it valid, could you argue it's retaliation, will it cause terrible hardship etc. The forum have judged you negatively so you'd need to think how best to present your case as on the other hand on the surface you seem to have funds & access to other living arrangements so it maybe a hard argument.

Giving you the benefit of the doubt I can totally see being told to leave your home of 10 years would be a wrench, especially if you've resorted to working away/sublet to keep hold of it !!!55357;!!!56853;

anyadvice4me

franklee wrote: »

If you loose costs will be awarded against you.

Thanks. There are no Airbnb things going on. I appreciate any advice that is provided as I have to focus on the practicalities of the situation.

Do you know how much approx. this would this cost if I lose the possession order? If it is goes ahead and is undefended, I assume the costs would be awarded in any case?

I do think the property manager was un-phased to go into proceedings quickly because of my previous complaints of having no lift for two and half months in the building, also the terrible noise, dust and dirt when they were repairing it. That work is over now, however I am unsure if there is any defence on retaliation grounds that would defend against a S8 or S21 order (I assume the S21 is not defendable at all as is not "discretionary")?

I have received an email response from a different Landlord member of staff intimidating that they would consider removing the action after writing to the boss of the company (he may have disagreed with the harshness of his property manager's actions considering how long I have been a good tenant for). I am in too minds if I would want to stay considering the current circumstances but am limited with the ability to move from somewhere which has been a home for a long time and thus accumulated a lot of things whilst juggling lots of other critical priorities at this time as well. It has happened too fast for me.

If they removed the actions against me - is there anything I need from them in order to ensure its stopped?

If I felt I could move - technically I would need to provide the 2m notice to leave? When I complained about the lift previously their response was "you can just leave if you don't like it" so I assume they may facilitate an earlier exit, however I am unsure if the present situation would allow me exit sooner if I was able to (I guess to do so is totally at their discretion if the current proceedings are cancelled)?

Comms69

anyadvice4me wrote: »

Thanks. There are no Airbnb things going on. I appreciate any advice that is provided as I have to focus on the practicalities of the situation.

Do you know how much approx. this would this cost if I lose the possession order? If it is goes ahead and is undefended, I assume the costs would be awarded in any case? Around £300.

I do think the property manager was un-phased to go into proceedings quickly because of my previous complaints of having no lift for two and half months in the building, also the terrible noise, dust and dirt when they were repairing it. - Fine, good for them. That work is over now, however I am unsure if there is any defence on retaliation grounds that would defend against a S8 or S21 order (I assume the S21 is not defendable at all as is not "discretionary")? - No, your defence is: The behaviour has now stopped and WILL NOT CONTINUE - that should take care of the s.8, the s.21 will eventually see you evicted

I have received an email response from a different Landlord member of staff intimidating that they would consider removing the action after writing to the boss of the company (he may have disagreed with the harshness of his property manager's actions considering how long I have been a good tenant for). I am in too minds if I would want to stay considering the current circumstances but am limited with the ability to move from somewhere which has been a home for a long time and thus accumulated a lot of things whilst juggling lots of other critical priorities at this time as well. It has happened too fast for me. - 'too fast'? Sorry rubbish. I've moved a 3 bed house with 3 kids and pets in 2 days. There's no way your two bed flat is not moveable

If they removed the actions against me - is there anything I need from them in order to ensure its stopped? - No, and there is no guarantee. They haven't taken any action yet. The s.21 will remain valid for (4 months? someone correct me, I cant remember)

If I felt I could move - technically I would need to provide the 2m notice to leave? - yes, in theory. When I complained about the lift previously their response was "you can just leave if you don't like it" so I assume they may facilitate an earlier exit, however I am unsure if the present situation would allow me exit sooner if I was able to (I guess to do so is totally at their discretion if the current proceedings are cancelled)?

Forget the lift, it was a big deal to you, but no-one in the management company cares. Literally no-one.

Annie35

That sounds a bit positive yes. Right now there are no proceedings, just a notice that they might proceed. If you can negotiate a stay ask them to pop you a letter confirming no further action at this time. They may want you to pay their admin something, might be worth not arguing if it let's you stay.

If you fought it costs are around £355 to submit papers to court + £110 for bailiffs if needed. If it's accelerated poses sion you get 14 days from getting the letter to submit defence, you may not need to go to court, a decision maybe made remotely, you'll get letters to say what's happening when. If they use a legal firm to assist it can be around £1000 but I'm not sure if this would be costed to you as it's not necessary for them to use a legal firm. Someone else can confirm I'm sure.

EachPenny

Annie35 wrote: »

The s8 notice is based on you running a business so I guess the defence would be 'prove it' & it may come down to wether they have the airbnb reviews page or not. They may or may not wait till the April date anyway.

Even if the Landlord has no evidence to prove the airbnb activity it would appear that "Not occupying the residence as a principle home" would be a slam-dunk. Hence it being raised as a reason in the original notice.