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Landlord wants more money

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Comments

  • GDB2222
    GDB2222 Posts: 24,619 Forumite
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    Pixie5740 wrote: »
    WT actual F? Why would the OP have to write to the letting agent rejecting their amendment when she has a 12 month fixed term signed by both parties? As someone who claims to have extensive experience in the law you should know that one party cannot unilaterally change the contract. Then again you were a landlord asking about how much notice a tenant has to give less than a year ago. Burn!

    Yes, I make no claim to expertise in tenancy litigation. I avoid litigation if at all possible on my own behalf. It's usually better to compromise.

    There are people here who watch too much TV. They think it's a great idea to let the LL start litigation, then the tenant drops some bombshell at the last moment. It may work, but it's not 100%, and no lawyer would advise it.

    The obvious thing to do is to make your case at the earliest possible moment and head off the litigation.
    No reliance should be placed on the above! Absolutely none, do you hear?
  • Pixie5740
    Pixie5740 Posts: 14,515 Forumite
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    GDB2222 wrote: »
    Yes, I make no claim to expertise in tenancy litigation. I avoid litigation if at all possible on my own behalf. It's usually better to compromise.

    There are people here who watch too much TV. They think it's a great idea to let the LL start litigation, then the tenant drops some bombshell at the last moment. It may work, but it's not 100%, and no lawyer would advise it.

    The obvious thing to do is to make your case at the earliest possible moment and head off the litigation.

    Like pointing out there is a valid 12 month fixed term tenancy in place which the OP has already done.
  • GDB2222
    GDB2222 Posts: 24,619 Forumite
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    Pixie5740 wrote: »
    Like pointing out there is a valid 12 month fixed term tenancy in place which the OP has already done.

    But the OP has just said that she hasn't done so.

    Anyway, I'm out of here. I wish the OP good luck, and I hope the birth goes well.
    No reliance should be placed on the above! Absolutely none, do you hear?
  • Pixie5740
    Pixie5740 Posts: 14,515 Forumite
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    GDB2222 wrote: »
    But the OP has just said that she hasn't done so.

    Anyway, I'm out of here. I wish the OP good luck, and I hope the birth goes well.

    Really, where did the OP say that?

    Jm90 wrote: »
    Hi all, me again!

    So, we paid the 1 months rent, on time.

    Just recieved a call from the estate agent letting us know the landlord needs ro return from dubai urgently, and wants to be in the house by November.

    Only had an email the other day asking us if we were now paying rent monthly instead of 3months at a time.

    We said we have a contract and she said she needs to see what legal rights he has/we have
    Surely she would know this.


    Absolutely gutted is an understatement

    Can anyone help
  • Comms69
    Comms69 Posts: 14,229 Forumite
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    GDB2222 wrote: »
    Yes, I make no claim to expertise in tenancy litigation. I avoid litigation if at all possible on my own behalf. It's usually better to compromise.

    There are people here who watch too much TV. They think it's a great idea to let the LL start litigation, then the tenant drops some bombshell at the last moment. It may work, but it's not 100%, and no lawyer would advise it.

    The obvious thing to do is to make your case at the earliest possible moment and head off the litigation.



    You keep calling it litigation - presumably in an effort to scare the OP. Judge's routinely throw out s.21 claims, which are no fault evictions, for minor errors. The reason behind this is quite simple - a LA and LL are held to a higher standard than a tenant. They are expected to do things absolutely correctly, where as a lay tenant is afforded much more leniency by the court.


    I don't believe your claim that you have more than 1,000 cases and 25 years experience in law, it just doesn't add up.


    No one is claiming a tenant drop a bombshell last minute, as you would know (were the above claim true) the tenant would receive opportunity to reply in writing to the claim. I haven't seen anyone suggest for a second the tenant turn up on the date of the hearing with a copy of the tenancy and drop a 'bombshell'.


    Everyone and their nan knows you don't show your cards before you need to. The OP has explained the situation and that is that. The LL choosing to start a vexatious legal claim is far more likely to attract the courts fury than a tenant who has done NOTHING wrong....
  • macman
    macman Posts: 53,088 Forumite
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    edited 12 September 2018 at 6:13PM
    Jm90 wrote: »
    No i do, i apologise if it seems that way at all, i was just explaining what was said to shelter & also the person who asked if i rejected the 6 month contract in writing as i didn't.

    You don't have to reject the 6 month contract, because you never signed it. The LL requested a change to 6m, but that is irrelevant: he cannot unilaterally change the contract. You've been told this numerous times now.
    He cannot start eviction proceedings until the end of the fixed term. His initial S21 will fail because he never supplied an EPC. By Feb you will be due another GSC, and I doubt if that will appear in time either. Once he's got all that sorted, re-serves his S21, and eventually gets a possession order, it could take another month before the bailiffs turn up. May perhaps?
    Just pay your rent monthly on time and sit tight: you do not need to do anything else.
    No free lunch, and no free laptop ;)
  • Jm90
    Jm90 Posts: 117 Forumite
    So i recieved a call again from shelter cymru today, they asked me to send them a copy of my tenancy to them, which i did and because it mentions in my tenancy about him possibly moving back here, as i mentioned in previous posts they have said he that he cannot use a section 21, however can use a ground one section 8.
    Even if we have done no wrong
  • The sensible thing to do seems to be to ask the estate agent if they can sort something out which suits everybody. The EA may well have suitable alternative accomodation on their books and obviously have an interest in resolving the problem.
  • Jm90
    Jm90 Posts: 117 Forumite
    Thank you... should i recieve this notice i will have to try work something out.
  • Comms69
    Comms69 Posts: 14,229 Forumite
    Name Dropper First Anniversary First Post
    Jm90 wrote: »
    So i recieved a call again from shelter cymru today, they asked me to send them a copy of my tenancy to them, which i did and because it mentions in my tenancy about him possibly moving back here, as i mentioned in previous posts they have said he that he cannot use a section 21, however can use a ground one section 8.
    Even if we have done no wrong

    S8 g1 cannot be used in a fixed term....

    I’m pretty sure that’s been mentioned. Shelter should know this. Also the notice is actually quite precise for ground 1 to be effective.
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