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Confused about court case/eviction

24

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  • FBaby
    FBaby Posts: 18,367
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    One more thing: LL says he'll waive court costs (which he's claiming against me) if I don't defend. Sounds like blackmail. Isn't that a criminal offence?
    No more than you forcing him to take you to court to do what he is legally entitled to, ask you to leave the property.

    There seem to be more and more posts about tenants refusing to leave until court order, is this going to become the norm, leaving LL to refuse to rent to anyone who would have much to lose ending up going to court?
  • theartfullodger
    theartfullodger Posts: 14,455
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    edited 13 January 2018 at 9:35AM
    csgohan4 wrote: »
    pity the poor LL who ends up with tenant

    ? What indication is there of anything to even suggest this tenant is in any way not good, please?

    The landlord is absolutely legally entitled to evict using s21. Tenant is equally absolutely legally entitled to remain until bailiffs. (Both being specified in Thatcher's 1988 Housing Act)
  • silvercar
    silvercar Posts: 46,865
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    ? What indication is there of anything to even suggest this tenant is in any way not good, please?

    The landlord is absolutely legally entitled to evict using s21. Tenant is equally absolutely legally entitled to remain until bailiffs. (Both being specified in Thatcher's 1988 Housing Act)

    Other than people don't normally end up in court for straight forward contracts.

    If I don't pay my car servicing bill, the garage may well take me to court. Would you still say I have not acted in any way not good (your words)?
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  • FBaby
    FBaby Posts: 18,367
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    As silvercar stated, should we just wait to be sued for everything we don't want to do because we legally can? Where does it end?

    Next week-end, I'm having a party in the afternoon. Firstly, I'm going to order a very expensive outfit on-line with new shoes and the rest. I'll order it online, wear it all and then return it and demand my money back because you know, I can do so legally.

    Then I'll tell my guests to park anywhere on the close, not to worry about blocking the neighbours. They can knock on the door, but we'll ignore them because legally, there's nothing they can do about it.

    Then I'll order a massive order from M&S, drinks and food, so my guests are well fed, and I'll then complain to M&S that their food was of poor quality and won't pay and they can take me to court if they want payment, because it's my right to refuse payment until a judge order payment.

    This 'it's ok to act irresponsibly because I can legally do so' is becoming a real pest of our society.
  • theartfullodger
    theartfullodger Posts: 14,455
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    edited 13 January 2018 at 2:07PM
    You would be obliged to pay your bill. But as far as I can tell nowhere does OP suggest he hasn't been paying his rent.

    But Thatcher's 1988 Act which permits the "for no reason at all" s21 - which landlord appears to be using, quite legitimately, also states (s5 HA 1988) a landlord cannot bring a tenancy to an end without notice, court, PO then bailiffs.
    http://www.legislation.gov.uk/ukpga/1988/50/section/5
    Until that has happened the tenant has a valid tenancy, does not have to leave. That's the law (like it or not..)

    Could you kindly suggest where the act suggests the tenant is doing anything wrong, please?
  • FBaby
    FBaby Posts: 18,367
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    You would be obliged to pay your bill. But as far as I can tell nowhere does OP suggest he hasn't been paying his rent.

    And I expect the OP will also have a contract to say that he can be given two months notice to vacate. A contract is a contract. Contracts should be respected on both sides, the law should come as a last resort, not as a mean of control just because it's there.
  • FBaby
    FBaby Posts: 18,367
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    As said, lodger, would love to see someone taking your own parking space, so you find yourself not able to park your car, and when you go and find them to ask they move the car, they say to you 'sorry but no, I don't have to move legally, so will keep my car there, but you're welcome to take me to court'. Are you saying your response to that person be 'fair enough, I can't evict your car, so good on you to apply your legal rights and I don't mind wasting my time taking you to court whilst I'm being inconvenienced, good on you for know your rights, make sure you share your knowledge'.
  • theartfullodger
    theartfullodger Posts: 14,455
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    edited 13 January 2018 at 3:52PM
    FBaby wrote: »
    And I expect the OP will also have a contract to say that he can be given two months notice to vacate. A contract is a contract. Contracts should be respected on both sides, the law should come as a last resort, not as a mean of control just because it's there.
    FBaby, are you a landlord or agent?

    Any notice does not end a tenancy, does not require the tenant to leave. That's what Thatcher's HA 1988 says!
    As said, lodger, would love to see someone taking your own parking space, so you find yourself not able to park your car, and when you go and find them to ask they move the car, they say to you 'sorry but no, I don't have to move legally, so will keep my car there, but you're welcome to take me to court'. Are you saying your response to that person be 'fair enough, I can't evict your car, so good on you to apply your legal rights and I don't mind wasting my time taking you to court whilst I'm being inconvenienced, good on you for know your rights, make sure you share your knowledge'.
    Entirely different. It would be "my" parking space (for what its worth I don't have one, assume you are more privileged than I regarding parking...).

    Until a court order is "executed" (Bailiffs or HCEO) the tenancy continues, tenant does not have to leave (still owes rent, obsv..) the property remains the tenant's home, the tenant's property. That is the law. Entirely different from "my" parking space.

    Whilst a landlord rents a property to a tenant it is no longer really landlord's property, it's then his investment only, tenant's property: See
    http://www.landlordlawblog.co.uk/2010/08/31/urban-myth-when-a-landlord-lets-a-property-its-still-his/

    Best wishes to all, including those who disagree with me. Artful: Currently with a number of bricks-and-mortar investments, but no property (the wife owns our home).
  • parkrunner
    parkrunner Posts: 2,610
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    You would be obliged to pay your bill. But as far as I can tell nowhere does OP suggest he hasn't been paying his rent.

    But Thatcher's 1988 Act which permits the "for no reason at all" s21 - which landlord appears to be using, quite legitimately, also states (s5 HA 1988) a landlord cannot bring a tenancy to an end without notice, court, PO then bailiffs.
    http://www.legislation.gov.uk/ukpga/1988/50/section/5
    Until that has happened the tenant has a valid tenancy, does not have to leave. That's the law (like it or not..)

    Could you kindly suggest where the act suggests the tenant is doing anything wrong, please?

    Well he's doing nothing illegal as far as we know but if I was LL I'd certainly refuse him as a future tenant. Personally if I sign an agreement that states ie two months notice then that's what I'd accept, maybe I'm in the minority these days.
    It's nothing , not nothink.
  • Slithery
    Slithery Posts: 6,046
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    But an S21 isn't 2 months notice to leave, it's 2 months notice that the LL can then apply to the courts for eviction.
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