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Eviction notice

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  • Lavendyr
    Lavendyr Posts: 2,610 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Thing is, OP, what I've learnt with ASTs is that you must never start thinking of the place as "your home". Because there is so very little security of tenure that it can at any time, through no fault of your own, be taken away from you. We had a similar thing when my OH and I first moved into the town we're now living in. We rented a lovely 3-bed house, it was in a horrible state inside but we cleaned it and looked after it and put a huge amount of effort into making it as nice a place to be as we could. Four months in, we were served with an S21 because the landlord was falling behind on his mortgage and needed to move back in (the week before we moved out, we actually received notice that repossession proceedings were commencing, in fact). We were gutted as we loved the house, had even hoped to buy it from the landlord one day (something he himself had suggested to us at the start of the tenancy) and had really been happy there. I still feel a bit sad about it when I drive past because the landlord takes no care of the place and it's such a lovely house with so much potential - and because we thought of it as "our home".

    But, that's the downside of renting in the UK. Now we've moved into a smaller 2-bed house, which is nice, but we would never want to buy it and we don't think of it in any way as "our home" - it's just "the place we're currently living in". We are reasonably certain that we will be here for more than six months (touch wood!), but we also know that one day, sooner or later, we will have to give this place back to its owners, and that's fine with us.

    I do sympathise with your situation, OP, as I've been there, but rather than kicking up a fuss, I would just move on and find another place for yourself and your daughter to live as soon as you can. Good luck.
  • dazco
    dazco Posts: 19,261 Forumite
    Lavendyr wrote: »
    Thing is, OP, what I've learnt with ASTs is that you must never start thinking of the place as "your home". Because there is so very little security of tenure that it can at any time, through no fault of your own, be taken away from you. We had a similar thing when my OH and I first moved into the town we're now living in. We rented a lovely 3-bed house, it was in a horrible state inside but we cleaned it and looked after it and put a huge amount of effort into making it as nice a place to be as we could. Four months in, we were served with an S21 because the landlord was falling behind on his mortgage and needed to move back in (the week before we moved out, we actually received notice that repossession proceedings were commencing, in fact). We were gutted as we loved the house, had even hoped to buy it from the landlord one day (something he himself had suggested to us at the start of the tenancy) and had really been happy there. I still feel a bit sad about it when I drive past because the landlord takes no care of the place and it's such a lovely house with so much potential - and because we thought of it as "our home".

    But, that's the downside of renting in the UK. Now we've moved into a smaller 2-bed house, which is nice, but we would never want to buy it and we don't think of it in any way as "our home" - it's just "the place we're currently living in". We are reasonably certain that we will be here for more than six months (touch wood!), but we also know that one day, sooner or later, we will have to give this place back to its owners, and that's fine with us.

    I do sympathise with your situation, OP, as I've been there, but rather than kicking up a fuss, I would just move on and find another place for yourself and your daughter to live as soon as you can. Good luck.
    Thanks for that lovely post.

    I am not really kicking up a fuss, I am just trying to find out how long I can legally stay here. I know it is going to happen, and I cannot stop it. But they have used the law to evict me and I shall use the same law to stay here as long as possible.:D . The barstewards :D
    S!!!!horpe
  • clutton_2
    clutton_2 Posts: 11,149 Forumite
    you signed an agreement to pay the rent, they signed an agreement to provide a house for you for a specific Term which is in your tenancy agreement. If you do not pay the rent for the period you live there, you are a thief.
  • dazco
    dazco Posts: 19,261 Forumite
    clutton wrote: »
    you signed an agreement to pay the rent, they signed an agreement to provide a house for you for a specific Term which is in your tenancy agreement. If you do not pay the rent for the period you live there, you are a thief.
    I believe not, theft being a criminal matter and not paying rent being a civil matter.

    But thank you for the reminder of my moral obligations:D .

    Barstewards:D
    S!!!!horpe
  • clutton_2
    clutton_2 Posts: 11,149 Forumite
    "" Grudges are for dunderheads"" - apparently so daz !!!!!!
  • clutton_2
    clutton_2 Posts: 11,149 Forumite
    ""reminder of my moral obligations:D""

    this is not about morality - this is about a legally binding agreement which you signed, and yet which you now propose to break - by refusing to pay rent that your landlord is entitled to.

    if he tried to get you out part way thru your tenancy you'd have cause to be angry.

    an agreement is a two-way thing and depends on each party doing the right thing. Clearly you dont know what that is ...................
  • dazco
    dazco Posts: 19,261 Forumite
    clutton wrote: »
    "" Grudges are for dunderheads"" - apparently so daz !!!!!!
    Quite true. Otherwise I would be taking it upon myself to upset the life of the suit who made the decision to evict me.

    Barstewards:D
    S!!!!horpe
  • RabbitMad
    RabbitMad Posts: 2,069 Forumite
    As you plan to stay as long as possible, if you refuse to leave at the end of the notice period the LL will need a court order to evict you. The cost of doing this and the rent unpaid could be reclaimed from you via the small claims court (if the LL deems it worthwhile)

    Check that the section 21 notice has been issued correctly, (although if the name was spelt wrong why didn't you reseal the envelope and pop it back in the post with return to sender on it - not known at this address. this would have bought you another month at least) and get yourself some proper advice.
  • vik6525
    vik6525 Posts: 16,347 Forumite
    Hey Daz.... Ive got no 'real' advice mate, but I just wanted to let you know that you're not alone. We got served with an eviction order on the 8th December. Had it hanging over us all over Christmas and it was bloody miserable. But the upshot is that we've found an absolutely beautiful new home, a thousand times nicer than this one, and we move on the 1st Feb.
    If you need a chat or a rant, you can always pm me.
    Viks xx
    You lied to me Edward. There IS a Swansea. And other places.....

    *I have done reading too*
    *I have done geography as well*
  • dazco
    dazco Posts: 19,261 Forumite
    Labman wrote: »
    41....& still thinks 'Barstewards:D' is smart/funny....oh dear!
    I am trying to emote to the dear readers how I feel, via the medium of type. This being a family site means that expletives are, quite rightly, not allowed. So I used a family friendly expletive, hoping that the lovely reader would be able to gauge the level of my frustration.

    If my using such a term offends your delicate sensibilities then I am really really really sorry. Please let me know if there is anything I can do to make it up to you. Anything. I feel awful.

    Maybe if I bought you a new dummy?:confused: !!!!!!:D
    S!!!!horpe
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