Any idea of my legal rights with this, if any....?

MonaLisaSmile

Bossypants wrote: »

No, and besides, they are unlikely to try. Going to court is expensive and they know you are moving anyway (you have told them this, right?). They are just trying to scare you into letting them bulldoze your rights.

Yes, I gave them notice in writing I'm vacating on the 20th October. They also issued a Section 21 Notice giving me until November to leave. So there's no need that I can see for any additional action. Very strange people.

Plus they are now seeking to let the flat to somebody else without letting any new tenant know that the flat is actually up for sale and they're actively trying to sell it and the tenant will have buyers traipsing in every week.

G_M

MonaLisaSmile wrote: »

Plus they are now seeking to let the flat to somebody else without letting any new tenant know that the flat is actually up for sale and they're actively trying to sell it and the tenant will have buyers traipsing in every week.

Well once a new tenancy is created, the tenants will be secure for 6 months at least, so no sensible buyer is going to progress.


And no sensible tenant is going to agree to "buyers traipsing in every week".

MonaLisaSmile

G_M wrote: »

Well once a new tenancy is created, the tenants will be secure for 6 months at least, so no sensible buyer is going to progress.


And no sensible tenant is going to agree to "buyers traipsing in every week".

The whole thing is so weird. The flat is most definitely for sale and is listed right now on some estate agents' sites as being up for sale immediately. Yet they're also seeking to rent it.

It's not really a matter of tenants agreeing to let buyers traipse in every week. As tenant you are lied to and told the landlord is seeking to rent the flat for the next 5 years at least. Then once you've signed the lease, within days prospective buyers start coming over for viewings. When you advise the letting agent/landlord you're not willing to allow this and that it interferes with your "quiet enjoyment" of the home you're renting, you get an earful of expletives and they just start letting themselves in to the flat using their own sets of keys (until I changed the locks).

elsien

Section 8 only applies if you are actually in arrears when the notice is served and if/when it gets to court.
If you're not in arrears now, they are telling you porkies.

MonaLisaSmile

elsien wrote: »

Section 8 only applies if you are actually in arrears when the notice is served and if/when it gets to court.
If you're not in arrears now, they are telling you porkies.

According to this they can use Ground 11 of Section 8 even when there are no arrears.
As I asked earlier in the thread -- what is the point of using a Section 8 at all when I'm leaving in approximately 5 weeks?

The Section 8 Notice to Quit they've sent lasts two weeks. Then they'd have to apply for a court hearing date, & the court hearing date would probably not be for 4 weeks at least. So that's 6 weeks from today. Then apparently courts would give 2 weeks for the tenant to leave even if they grant a Possession Order. So, it seems it would take them at least 8 weeks from today to get me to leave via a Section 8 route.
Yet I've already given notice in writing to leave on 20th October.

https://www.landlordlawblog.co.uk/2016/04/14/grounds-possession-ground-11-persistent-delay-paying-rent/

Yalpsmol

How did they even get another key, you only changed the lock about 5 weeks ago. Did you give them a new one after the woman had let herself in (saying she was evicting you)!?

Either way, change them again.

Yalpsmol

Do they have a buyer now? If so maybe they just want to exchange ASAP and cant without you gone. Or they are struggling to sell and arent patient enough to wait until October.

Cakeguts

When you have finally left please complain to the estate agency ombudsman and trading standards about the unprofessional practices of the letting agents. The landlord is a rogue but it doesn't mean that the letting agents have to be as well. They sound terrible to me.

G_M

elsien wrote: »

Section 8 only applies if you are actually in arrears when the notice is served and if/when it gets to court.
If you're not in arrears now, they are telling you porkies.

That applies to S8 ground 8.


Mona says:

According to this they can use Ground 11 of Section 8 even when there are no arrears.

If they are indeed using ground 11 no current arrears are required, but see my post 7 above.


http://www.legislation.gov.uk/ukpga/1988/50/schedule/2

macman

You really should have changed the locks and made a formal written complaint the first time they entered the flat without reasonable notice.
Just sit tight and leave on the date you already gave them, but pay your rent on the due date.
You were asked about the deposit protection because, if not protected, you can sue for up to 3 times the value, and you will win.