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Comments
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There is (much) more info on S8 Ground 1 notices here:
https://www.landlordzone.co.uk/information/ground-1-notice
The short answer is that the notice cannot take effect during the fixed term. But, be prepared to get a notice demanding the property back at the end of the fixed term.
It would be fair to the LL to say now, in writing, that you did not consent to a shortening of the term of the latest tenancy agreement from 12 months to 6. Say in your letter that you would not have agreed to that because of the kids' schooling.
It would be tactically wrong simply to wait until you get the notice to leave in 3 months time. Apart from anything else, if it goes to court, the judge will be unimpressed. Also, the LL needs to realise that he cannot get you out in December, so he can plan his life accordingly.No reliance should be placed on the above! Absolutely none, do you hear?0 -
I understand its been explained but i am worried, i have called shelter and they seem to think he is within his rights to serve a section 21 and give me 2 months notice.
However is has to be written, we just had a phone call from the agents.
I needed to know for definite, as if he can take the house in november i will be less than a month off having my baby, so this needs to be sorted.
Which bit of, you'll still be there come 2019 was not clear?
Even if he serves notice in writing today, that is already half way through November. Then it takes 6 weeks to go to court and another 6 for bailiffs.
Instead of worrying why don't you do as I suggested and agree in exchange for money...0 -
The judge wouldn't be impressed with what exactly?There is (much) more info on S8 Ground 1 notices here:
https://www.landlordzone.co.uk/information/ground-1-notice
The short answer is that the notice cannot take effect during the fixed term. But, be prepared to get a notice demanding the property back at the end of the fixed term. - Also Ground 1 is only valid if prior to commencement of the tenancy the Landlord advised that he/she may require possession for use as a personal residence.
It would be fair to the LL to say now, in writing, that you did not consent to a shortening of the term of the latest tenancy agreement from 12 months to 6. Say in your letter that you would not have agreed to that because of the kids' schooling. - No, say nothing. There's NO benefit to this.
It would be tactically wrong simply to wait until you get the notice to leave in 3 months time. Apart from anything else, if it goes to court, the judge will be unimpressed. Also, the LL needs to realise that he cannot get you out in December, so he can plan his life accordingly.0 -
From what youve told us you have a fixed 12 month contract and they cannot make you leave until that the end of that fixed term.
If the landlord needs to move back in by November, then suggest they pay you to move as it would be a great inconvenience (say 5k) I'm sure they will change their mind pretty quickly!0 -
I understand its been explained but i am worried, i have called shelter and they seem to think he is within his rights to serve a section 21 and give me 2 months notice.
However is has to be written, we just had a phone call from the agents.
I needed to know for definite, as if he can take the house in november i will be less than a month off having my baby, so this needs to be sorted.
If you have explained to Shelter exactly what you have explained to us here then I am amazed that you were advised your landlord could serve a valid Section 21 now. Either you have misheard what Shelter told you or you have explained a completely different scenario to them.
We've told you, repeatedly, what our thoughts on the matter are based on the information you have provided and the law, either you accept it is correct or you do not. It is pointless to keep reiterating the same facts over and over again.0 -
The judge wouldn't be impressed with what exactly?
If the tenant left the agent with the impression that the tenant had agreed to the 6 months term being put in the document, and the LL pays for a hotel room for a month, expecting to get the property back in December, the judge is likely to be sympathetic.
It is obviously wise to avoid that.
You'd want to check the law on Estoppel by Convention, for example.No reliance should be placed on the above! Absolutely none, do you hear?0 -
If the tenant left the agent with the impression that the tenant had agreed to the 6 months term being put in the document, and the LL pays for a hotel room for a month, expecting to get the property back in December, the judge is likely to be sympathetic.
It is obviously wise to avoid that.
You'd want to check the law on Estoppel by Convention, for example.
What is this horse manure? The OP signed a new 12 month fixed term contract. The landlord, or an agent acting on his behalf, signed a new 12 month fixed term contract. What impression the landlord may have formed in his mind is irrelevant because there is a legally binding contract in black & white.0 -
No. Sorry, no. That is not how tenancy law works.If the tenant left the agent with the impression that the tenant had agreed to the 6 months term being put in the document, and the LL pays for a hotel room for a month, expecting to get the property back in December, the judge is likely to be sympathetic. - No. The judge will act exactly as the law prescribes, which is the correct eviction procedure. Given a s.21 eviction is no fault, there is no fault to be attributed.
It is obviously wise to avoid that. - And wise to avoid the nonsense you're providing too it seems
You'd want to check the law on Estoppel by Convention, for example.
OP ignore this nonsense0 -
Could someone explain to me the advantage to the OP of NOT explaining to the agent that the OP is sticking to the 12 months contract term?No reliance should be placed on the above! Absolutely none, do you hear?0
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Could someone explain to me the advantage to the OP of NOT explaining to the agent that the OP is sticking to the 12 months contract term?
The OP has already pointed out to the letting agent that there is a 12 month fixed term in place. What more needs pointing out to them? They are the ones who drafted the the contract after all.0
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