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

Comms69

EachPenny wrote: »

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.

It's unlikely a court would grant possession based upon such a term.

Cakeguts

Forget the how long you have been a good tenant bit. You haven't been a good tenant you have been a terrible tenant. You sublet the flat to someone else who let it on airBnB that is not the actions of a good tenant. Paying rent does not make you a good tenant. Paying the rent is what you agreed to do when you signed the agreement. This does not make you a good tenant. A good tenant is one who obeys all the rules in the agreement and doesn't cause hassle to their neighbours by allowing someone to run the flat as a business. It is quite possible that your local authority doesn't allow people to run airBnB from private flats so you are likely to have broken the local planning laws as well.

Forget the good tenant bit you are not a good tenant you have caused a lot of problems for your landlord.

FBaby

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.

Are you still abroad with your BF residing in the property and you are not sure if you can come back to facilitate the move?

getmore4less

anyadvice4me wrote: »

Thanks for the past advise.

I am lost with this and will need some technical advice.

1) As indicated previously, have a letter issued by the Landlord company dated 27-Feb-18
- The cover letter requests notice of possession on 28-Apr-18
- Then is enclosed a FORM 6A stating should leave on 28-Apr-18
- Form 6A is hand dated "27-28-18" by mistake

2) Also received a letter dated 6-Mar-18 (can post up)
- Issued by some ligation company seeking possession of an AST
- Seems a template format stating where should not/should not be used
- Says its seeking possession on "Ground 12" Schedule 2 Housing Act 1988
- States Court proceedings will not being until after 21-Mar-18
- Got lots of technical information about various grounds in it
- Seems to be written on behalf of the landlord company

Some Questions which may help:
-Can you shed any light on this 2nd Letter received?
-(I thought the first letter with FORM 6A was the s21 notice?)
-Don’t understand the 2nd letter purpose and why they state after 21-Mar-18 on it?
-Are the dates that they can get possession still the 28-Apr-18 or later?
-If they are agreeable can any of this be retracted?
-Is there anywhere I can go to understand this process better and if I have any rights?


Really appreciate the forums past technical experts and advice in this area.

Did you communicate with the landlord after the first letter?

bowlhead99

anyadvice4me wrote: »

. 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.

You mention it's happened too fast, but it was about two and a half weeks ago when you first posted your problem and everyone told you that you'd be getting notice and would have to face up to being asked to leave.

As a practical point, if the place was used as an Airbnb and you're not living in it, it's not like it's packed to the rafters with your possessions. A removals firm would not need more than a day to pack the contents and move them to storage. They may need a quick advance visit to take a look before giving you an accurate quote.

In the London area both Safestore and Big Yellow will give you 50% off their weekly self-storage rates for the first 8 weeks, and probably another 10%+ off if you say you're considering a rival place instead.

economic

bowlhead99 wrote: »

You mention it's happened too fast, but it was about two and a half weeks ago when you first posted your problem and everyone told you that you'd be getting notice and would have to face up to being asked to leave.

As a practical point, if the place was used as an Airbnb and you're not living in it, it's not like it's packed to the rafters with your possessions. A removals firm would not need more than a day to pack the contents and move them to storage. They may need a quick advance visit to take a look before giving you an accurate quote.

In the London area both Safestore and Big Yellow will give you 50% off their weekly self-storage rates for the first 8 weeks, and probably another 10%+ off if you say you're considering a rival place instead.

and please use safestore - they are a great company and i own the stock!.

anyadvice4me

Annie35 wrote: »

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;

Thanks for previous words. I have received an email indicating that they have retracted the S8 Notice.

These are the two notices that were previously issued:

I assume this is the S8 Notice:




I think this therefore is the S21 Notice (dated incorrectly):



If they retracted the S8 notice via email, does this mean that technically the S21 notice is still in force?

We are re-evaluating if this is the right place considering how quickly we could be made homeless by the corporate landlord on their AST. Therefore I wanted to know if the S21 28-Apr-18 possession date is still in force as the S21 was issued separately?

We could thus investigate if leaving is a possibility at all on the date, or if we should request another email ensuring the S21 is retracted if we are staying.

franklee

Yes that's a section 8 notice and section 21 notice.

Retracting the section 8 does not affect the section 21.

So that leaves you seeing if the section 21 is valid or not.

I cannot make head nor tail of the dates. The pertinent dates should be:

Service date. As it was served by hand the date on which it was delivered to the property e.g. put through the letterbox. The covering letter says 27th February 2018 but that doesn't tally with what you wrote on 2nd March "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:". Maybe you were talking about the S8 and the S21 had indeed been served on 27th February?

Please confirm, on what date was the S21 hand delivered?

Could it have been there in February but you were staying elsewhere so didn't realise it had been served back then?

Hopefully you still have emails and any other correspondence that indicates when the S21 was served. Did the landlord ask you to sign any acknowledgement of the S21? If so I hope you dated it on the day of service and kept a copy. Otherwise the crucial service date may come down to your word against theirs.

You should have a minimum two months notice. It's asking for possession after 28/04/2018. so that would be OK if the notice was served on 27th February.

Date the S21 was signed 27-28-18. Presume it's meant to be 27-02-18.

If the S21 is invalid that would buy you some more time until the landlord serves it again.

On the other hand if the property isn't your only or principal home then you do not have the protection of the housing act anyway so a plain one months notice would do.

sitesafe

Don't know if this might help as someone asking similar to what has been done. Although maybe a bit late now - Might be a useful website to look at,

https://www.property118.com/can-i-sublet-on-airbnb-as-a-tenant-without-permission/80637/

You say you 'travel and work away', is this abroad or in the UK. Only because you mention not having enough time to sort things out?

Cakeguts

franklee wrote: »

Yes that's a section 8 notice and section 21 notice.

Retracting the section 8 does not affect the section 21.

So that leaves you seeing if the section 21 is valid or not.

I cannot make head nor tail of the dates. The pertinent dates should be:

Service date. As it was served by hand the date on which it was delivered to the property e.g. put through the letterbox. The covering letter says 27th February 2018 but that doesn't tally with what you wrote on 2nd March "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:". Maybe you were talking about the S8 and the S21 had indeed been served on 27th February?

Please confirm, on what date was the S21 hand delivered?

Could it have been there in February but you were staying elsewhere so didn't realise it had been served back then?

Hopefully you still have emails and any other correspondence that indicates when the S21 was served. Did the landlord ask you to sign any acknowledgement of the S21? If so I hope you dated it on the day of service and kept a copy. Otherwise the crucial service date may come down to your word against theirs.

You should have a minimum two months notice. It's asking for possession after 28/04/2018. so that would be OK if the notice was served on 27th February.

Date the S21 was signed 27-28-18. Presume it's meant to be 27-02-18.

If the S21 is invalid that would buy you some more time until the landlord serves it again.

On the other hand if the property isn't your only or principal home then you do not have the protection of the housing act anyway so a plain one months notice would do.

The important point here is that even if that s21 is invalid they are going to get it right eventually and you are going to have to move so rather than using energy trying to find out if this s21 is invalid you would be better spending your time finding somewhere to move to.

What you don't seem to understand is that you will not be staying there. So if you have sublet the flat you need to give notice to your tenant that their tenancy will end on the same day as yours so they need to start to look for somewhere else as well.