We have rented our house for nearly 30yrs and now the landlord wants to sell off our garden to a property developer.He has asked us to sign a new agreement in which we surrender the garden to him but we have refused, He has also offered us alternative accomodation, which we have refused, he has now issued us with a one months 'notice to quit' after which he has got to get a court order to remove us. Does anyone know if he can do this? we are not behind with the rent or in breach of our tenancy agreement in any way. Its just the fact that we won't allow him to take our garden.Any advice is welcomed
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Thanks to Mr. Harold Wilson I am pertty certain that you have absoloute security of tenure and you cannot be forced out of your home or garden. In any case a one month notice to quit isn't worth the paper it is written on!
P.P.Any information given in this post is based on my personal experience as a landlord, what I have learned from this and other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person. -
A Rent Act tenancy tenant does not have to leave without a court order. The landlord will not get a court order unless the tenant is well in arrears with rent, substantial work is required on the property which needs the tenant to move out (the landlord is responsible for all costs thereof) or the tenant is using the property for illegal purposes. Under those conditions a proper notice to quit is valid and must give a months notice to quit. The form is prescribed by law and is nothing like those for the shorthold or assured tenancies.
Sarah, do not worry - your landlord will not get a court order based on what you say and if he/she harasses you, he/she might well end up paying compo to you - a point you might like to stress to the landlord!!!!!!Comment
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Thank you so much for your replies, and that is the view of most people we have discussed the situation with, but we have also been told that because he has offered us alternative accomomdation this may go in his favour in court because he is not making us homeless. But can he really move us to this other accomodation after 30 yrs purely on the fact that he wants the garden??Comment
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Read this carefully Sarah - he cannot make you move out unless one of the above criteria apply.
If he puts pressure on you - report him to the police and to the council's housing/environmental health department who will prosecute him for harassment if need be.Comment
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Thank you David, none of them apply to us so we should be ok, i really hope so! And if we do win, you can bet we will have him for harrassment because its making us ill.Comment
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Sorry david, just one more question, as he has served us with the notice to quit, does that mean our tenancy agreement will come to an end and even if we do get to stay will we have to sign a new one meaning we've lost all our rights?Comment
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NO!
You have a tenancy for life, which can be inherited. Please read again what DavidJohnButton has posted.
P.P.Any information given in this post is based on my personal experience as a landlord, what I have learned from this and other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person.Comment
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Thank you i really appreciate this information but i'm still worried sick, hope it doesnt go on for much longer or i'll be wasting away!Comment
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Do not under any circumstances sign any new tenancy agreement - if you do, you will lose the protection of the Rent Act 1977 and the restriction of the regulated tenancy which will mean loss of security of tenure and increase of rent.Comment
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suitable alternative accommodation
sarah - I think messrs button and pilcher are wrong here - provided the LL is able to offer suitable alternative accommodation he may be able to recover possession through the court - the old rent act certainly stacked the odds in favour of the tenant (which is why it ultimately had to be abolished) but it did not totally dispossess the landlord in the way messrs pilcher and button seem to thinkDisclaimer: What I say is either right or wrong. It may be advisable to check what I say with a solicitor. If he says I am right then I am right, unless he is wrong in which case I am wrong; but if he says I am wrong then I am wrong, unless he is wrong in which case I am right
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Sarah - we are now getting conflicting opinions on this board and these come from people who know more about such matters than me. It will do nothing to relieve your understandable worry. May I suggest that you find yourself a solicitor who is experienced in property matters and take with you all your documentation. The first consultation should be free and his advice will be definitive. You will then know how to proceed and whether you can extract compensation from your landlord. Failing this you can always try either the CAB or "Shelter" but we have reason to believe that their advice will not be as definitive as that you will receive from an appropriately experienced solicitor. Furthermore don't sign anything without the advice of that solicitor.
P.P.Any information given in this post is based on my personal experience as a landlord, what I have learned from this and other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person.Comment
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My course for the following is http://www.odpm.gov.uk/stellent/grou...601818-04.hcsp
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There are two other grounds for possession which are not cases as such. First, the court can grant possession if it thinks that it is reasonable and suitable alternative accommodation is or will be available for the tenant. Alternative accommodation can be suitable if:
it is determined in a certificate from the local council, if they are providing the alternative accommodation, or
if it gives the tenant equal or equivalent security of tenure and meets certain conditions about size, rent and other features. Second, the other ground for possession is that there is statutory overcrowding in the property, as defined in the Housing Act 1985.
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The landlord in this case is trying to get the poster to move into less secure tenancy conditions. Courts will not give possession orders out happily on the two "non grounds" above, particularly when they see where the landlord is coming from!!!
I stand by what I said and Lawstudent - please research your law before you commit fingers to keyboard.Comment
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i have done allot of research myself on this matter and yes i know what the law student is saying but remember, we are protected tenants and if the landlord can get a court order to move us how come he cant take our garden with us living here, Think about it! We have been to shelter and CAB and they have looked into it for us, they too have said that he can only move us to alternative accomodation if he needs to make substantial repair work to the property and cannot do this with us living in it, but this move would only be until the property is suitable for us to move back in. What would be the point of security of tenor if the landlord can move you to another house whenever he wants to? We have got a meeting with our soliciter next week so we'll have to wait and see what they say.
P.s David, i had looked up those other 2 'grounds' aswell and it says the court can grant possession if it thinks that it is reasonable and other accomodation has been offered, is a greedy landlord who wants to make some money on a protected tenants garden a reasonable case? That is for the courts to decide!Comment
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One way you might like to approach this Sarah is to reach an agreement whereby the landlord pays you a sum of money based on the profits he will make if you give him possession. This would need to be calculated by a valuer and properly agreed and possibly secured.
Something to mention when you see your solicitor!!!!Comment
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