Evicted friends in need

saajan_12

CJPProf wrote: »

We have friends who have been renting a house in the village. The owner/landlord has now decided to terminate the tenancy - okay, have they served notice and got a court possession order? Until then, friends don't HAVE to leave. [STRIKE]because she wants the house for a friend or family member because they need a home before they can enter into a custody battle with her ex. [/STRIKE] - irrelevant Our friends have found what is actually a much better but isolated house. - ah okay, if they CHOOSE to leave before the court ends the tenancy , they need to serve their own notice. They are now incurring costs in moving, - well of course, that's what happens when you choose to move. new school uniform for the twins, - oh come on. then leave the kids in the old school. new furniture because some of the the old will not go through the new windows that they fitted, new curtains etc. - then choose a new house with bigger windows, or go to freecycle. As none of this is there fault - yes it is if they chose to movehave they any claim against the landlord? - No, the LL is acting within the agreement that they can serve adequate notice and terminate the tenancy. No one is tied in forever. This is in wales if that makes a difference.
Thanks

Firstly, for the LL to evict the tenants through Section 21, they must have fulfilled criteria including: serving gas certs, deposit protected, valid notice served, court possession order granted and possession date passed. Without all that, the tenants don't HAVE to leave. IF they choose to leave anyway, that's their choice (no claim on LL) and further they must serve their own notice per their agreement or be liable for ongoing rent.

Ultimately, the tenants AGREED through the original tenancy contract that either party could terminate the tenancy and go their separate ways after a certain time and subject to certain notice periods. If the tenants don't leave, the LL can eventually fulfill all the criteria and evict the tenants through court, which is exactly what the tenants signed up to when renting privately. There is nothing hte LL has done wrong, so no claim against the LL.

Davesnave

CJPProf wrote: »

Very trusting as they knew the landlord and were promised that the lease would be as long as they wanted.

The landlord probably meant what was said at the time, but sometimes circumstances change. This is why the laws around tenancies and their termination exist; to give both sides the ability to exercise their rights in a controlled manner.


At present, we don't know from your post if either the landlord or your friends have acted according to the law, but several other posters have set out the requirements clearly.

CJPProf

Davesnave wrote: »

The landlord probably meant what was said at the time, but sometimes circumstances change. This is why the laws around tenancies and their termination exist; to give both sides the ability to exercise their rights in a controlled manner.


At present, we don't know from your post if either the landlord or your friends have acted according to the law, but several other posters have set out the requirements clearly.

From what my friends have said all has been done as per requirements/law, although it does leave a bitter taste.
What they were wondering was whether they had a case against the landlord for costs incurred by them, which they would not ordinarily have incurred.

Thrugelmir

CJPProf wrote: »

Very trusting as they knew the landlord and were promised that the lease would be as long as they wanted.

Life gets in the way though. From the LL's perspective their family will always have priority.

G_M

CJPProf wrote: »

From what my friends have said all has been done as per requirements/law, although it does leave a bitter taste.
What they were wondering was whether they had a case against the landlord for costs incurred by them, which they would not ordinarily have incurred.

Exactly what costs?

moving, new school uniform for the twins, new furniture because some of the the old will not go through the new windows that they fitted, new curtains etc.

Moving costs? Of course not, esp as you say "all has been done as per requirements/law"

new school uniform for the twins? :rotfl:

new furniture because some of the the old will not go through the new window they fitted?Who fitted? The tenants? I hope they had the landlord's written permission...... If the LL fitted the new windows, the tenants might have a claim, but pretty tenuous....

New curtains? Why on earth? Might as well ask for new raincoat, bedding, new hall mirror and handcuffs....

Is this thread for serious.....?

zagubov

I'm calling it; is this thread a wind-up?

theoretica

If they can't use curtains and furniture in the new place, they might try to sell it to the landlord or new tenant. If they are moving without fuss they might have goodwill to recoup in this way.

ciderboy2009

Just a thought - if they are leaving furniture there then am I right in thinking that their landlord could charge them for its disposal?

saajan_12

ciderboy2009 wrote: »

Just a thought - if they are leaving furniture there then am I right in thinking that their landlord could charge them for its disposal?

Yes, and so they should in this case, as the tenants have actually made it harder than a simple man & van by changing the windows to be smaller, meaning you'd need specialist equipment to remove the furniture or de construct it before removal.