Intermediate landlord times out before hearing

theartfullodger

Lost_Property wrote: »

Well his lease expires soon ..........

Really? Have you a copy? Usually such deals will roll on... the question you need the answer to is HOW (if..) is his lease expiring/ending. Probably requires court action to end it....



Even if his lease does end (one way or another..) hope you noted from my earlier post....

Read s18 of HA 1988. Says if intermediate's tenancy ends (ah, but has it.., and if so how...) then owner takes over as landlord of occupant(s) on same terms... See....
http://www.legislation.gov.uk/ukpga/1988/50/section/18
.

You might find, btw, that the owner (or intermediate..) may be willing to offer financial inducements for you to leave. Your decision, clearly, if you wish to take such offer up or not.

Comms69

Lost_Property wrote: »

Well his lease expires soon - I doubt this. Typically leases roll over to a weekly, monthly, or other periodic type and he hasn't applied for a court date, plus I think the S8 was defective- how so? so by the time another is issued and a court date set he won't necessarily still be the LL- that was the point of my original question. - Unless the owner has set up court proceedings, or issued valid notice if a commercial lease, then he will continue to act as your landlord. If it DID go to a possession hearing the arrears-minus-counter-claim - you've said this, and yet I see no evidence that your counter claim has any value whatsoever would roughly balance, so possession would no longer be mandatory. But if I make my own claim for harassment - quantify it , breach of contract- requires a loss, I don't see one , breach of covenant of quiet enjoyment - quantify it , etc he can counter-claim the arrears but will the S8 feature (if not defective anyway) or does it need it's own specific hearing? a s.8 could be dealt with in the same hearing if allocated correctly. Sorry - I hope I've explained my question better. Regard the arrears as strategic and temporary. - I think you should stop listening to whomever is advising you that arrears are strategic

The point of the exercise is that if I didn't have the arrears I'd just be trying to claim from somebody with a history of not paying bills and a collection of CCJs, so I'd just end up losing money instead of being up by the amount of rent saved (minus costs). There wouldn't be any arrears if he wasn't dodgy.

But you aren't 'down'. I don't see any merit in your claim. I mean a token payment, maybe.


Why not just move if hes so bad?

Lost_Property

So the issue is the intermediate lease. The intermediary mentioned possibly handing back the keys and walking away some months ago. More recently he claims the owner wants to instigate a break clause, but I'm not sure how the owner can legally insist on the property being returned with vacant possession. if gaining such would only be possible by unlawful means, given the time-scale.Would that give the intermediary a get-out-of-gaol-free card?

@ artful - yes, I'm aware of the section 18 clause - that's what the whole thing revolves around. Glad someone gets what the central issue is.

@ comms - The aim is to stay! The intermediary is the problem, not the place.

it's an annually renewable commercial lease with a stated expiry date. I doubt it would be renewed if the intermediary is behind with payments.
S8 defective by not stating the exact amount of arrears
Those were examples of possible claims - no idea how to quantify - that's for the court. .
I've now been told by several sources that the S8 has to done on its own "track" and have its own hearing. It's actually better for me if he does ask for the hearing though. Me suing for harassment throws up some other problems.

In what way are the arrears NOT strategic? If I sued for x amount and had no arrears I'd be minus costs and trying to get x amount from a person who historically doesn't pay their bills. Getting an off-set against arrears is as good as cash in the bank. But money isn't the main point anyway.