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Landlord wanting his house back, various problems- advice needed please
Comments
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If the deposit was the only issue then returning it in full would then allow him to serve a valid S21 - but he would still be liable for the fine for non-protection. As it stands though I agree that buying the tenants out would be the cheapest and easiest option.That apart, he's permastuffed on the failure to secure the deposit and hand over the leaflets within 30 days, is he not?0 -
No. If he retrurned the deposit in full that would resolve that issue. S21 could then be served (were it not for the other failings).That apart, he's permastuffed on the failure to secure the deposit and hand over the leaflets within 30 days, is he not?
I think the gov leaflet is the same. If he provides it first, he can then serve a S21.
But Caridon Property Ltd v Shooltz makes the gas report potentially a show-stopper. Note however this was a county court case so does not bind other courts to follow; Different judge might reach different conclusion if a gas inspection was done, report issued, and then S21 served.
Until a similar case goes to the High Court ( decisions of lower courts have to follow what the HC decides) there will besome uncertainty in the law.0 -
On the basis that the LL is clearly clueless, it is possible that he has further incorrect ideas about his rights regarding the ending of this tenancy. I suggest that changing the locks, and ensuring there is no other easy means of entry to the property, should be a matter of some urgency.It's not difficult!
'Wander' - to walk or move in a leisurely manner.
'Wonder' - to feel curious.0 -
Ultimately they need to move, but the ball is in their court...
1. Find somewhere else suitable. When found...
2. Ask for the deposit back in full to pay deposit on new property
3. If LL refuses, threaten to sue for 3x the amount for not protecting it.Should've = Should HAVE (not 'of')
Would've = Would HAVE (not 'of')
No, I am not perfect, but yes I do judge people on their use of basic English language. If you didn't know the above, then learn it! (If English is your second language, then you are forgiven!)0 -
I agree with everyone but realistically if he has financial issues then suing for deposit and 3x compensation could be hard to enforce and get paid. Especially given others have sued him and are a good year ahead in the pecking order.
It may be better albeit legally incorrect to agree with landlord to not pay the final months rent instead because I suspect he no longer could pay the deposit back.
Keeping relations amicable by allowing viewings would mean they will have a bit more time to string him along and sort things out hopefully finding a more suitable property. I would suggest playing along for now and keep their legal rights as cards to play later as needed, for all we know they may need a reference or an early surrender if a nice property becomes available to them quickly.When using the housing forum please use the sticky threads for valuable information.0 -
If they love the house would they be interested in buying it from him?
Could be an opportunity to get a bargain if he's in a rush to sell.0 -
Read your post and felt a distinct need for tea and cake........... :bdaycake:I agree with everyone but realistically if he has financial issues then suing for deposit and 3x compensation could be hard to enforce and get paid. Especially given others have sued him and are a good year ahead in the pecking order.
It may be better albeit legally incorrect to agree with landlord to not pay the final months rent instead because I suspect he no longer could pay the deposit back.
Keeping relations amicable by allowing viewings would mean they will have a bit more time to string him along and sort things out hopefully finding a more suitable property. I would suggest playing along for now and keep their legal rights as cards to play later as needed, for all we know they may need a reference or an early surrender if a nice property becomes available to them quickly.0 -
First change locks, don't use texts but write. Ask for deposit x3 (cheaper than him being taken to court). Then look for somewhere else with that money. Point out you could shop him to H&SE and Police for attempted illegal eviction, but you will just take the cash.
Don't allow viewings unless you get the x3 back.0 -
I don't understand what the Health and Safety Executive would do about someone who doesn't know the proper way to ask people to leave.
And unless there's a serious crime committed (i.e. forceful eviction or assault), I'm not sure the Police are going to be bothered eitherRead your post and felt a distinct need for tea and cake........... :bdaycake:
Clearly though, this is the adult way to deal with it. Clearly the LL is in the crap. The tenants are going to be heavily inconvenienced either way, so cut your losses and run.The smaller the monkey the more it looks like it would kill you at the first given opportunity.
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HSE will follow up the lack of gas safety report (if they have the manpower).
https://www.hse.gov.uk/gas/domestic/faqtenant.htm0
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