Please help? Unlucky!

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    #16
    Ok thanks for that.

    Will let you know what LL comes back with regards to my proposal.

    Comment


      #17
      Originally posted by Free Lady View Post
      Just spoke to LL lawyer.

      I proposed that I stay in the property until 20th July (which is how long I need). I said I wanted it confirmed in writing that they will allow me to stay here until then.
      If LL gives you this extension in writing then he invalidates the S21 served already.
      If LL is aware of this fact he may refuse to put in writing. Sensible for him not to do this.
      Chas

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        #18
        Originally posted by westminster View Post
        Possibly what you are missing is human nature.


        Annoyance is somewhat beside the point. What you do is just charge the tenant for any consequences/losses due to the breach at the end of the tenancy, such as having carpets/soft furnishings professionally steam cleaned.
        Not always the case Westminster. I would not be happy at all if tenant turned up with a cat or dog after signing my AST that forbids it. I would doubt their honesty and integrity from word go. I am not anti pets but my quality woodblock oak parquet flooring would be very much at risk from animal claws/feet. Damage and repairs could be considerable (if even repairable to original standard) after a while. And this hassle I can do without at end of tenancy thanks!
        Chas

        Comment


          #19
          Originally posted by Free Lady View Post
          Ok thanks for that.

          Will let you know what LL comes back with regards to my proposal.
          You did not answer the question about arrears, it may be critical in your attempt to stay longer.

          Comment


            #20
            If the property is a flat, L is probably the long-leaseholder; the lease may prohibit L from pets, in which case he is bound and so must T be.
            JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
            1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
            2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
            3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
            4. *- Contact info: click on my name (blue-highlight link).

            Comment


              #21
              Originally posted by Charles19 View Post
              Not always the case Westminster. I would not be happy at all if tenant turned up with a cat or dog after signing my AST that forbids it. I would doubt their honesty and integrity from word go. I am not anti pets but my quality woodblock oak parquet flooring would be very much at risk from animal claws/feet. Damage and repairs could be considerable (if even repairable to original standard) after a while. And this hassle I can do without at end of tenancy thanks!
              Chas
              Of course one could do without the hassle, but however annoying, and however much one might doubt the T's honesty, the fact is there isn't much the LL can do if the T breaches a 'no pets' provision except serve a s.21 notice (which may not expire for many months) or a s.8 notice on non-mandatory grounds (which ultimately may not succeed), and then pursue T for losses.

              Comment


                #22
                Originally posted by matthew_henson View Post
                Despite what your solicitor said, I would not assume that you can stay until the 20th July, if your LL is feeling pig headed he could easily have a possession order by the end of June and the ballifs in a week later
                Assumptions are dangerous - but if s21 is submitted 29th May, a possession order is unlikely to be issued before the end of June. Judge will give minimum 14 days and the likleyhood is that bailiffs would take another fortnight to organise - so OP should be safe for July

                Originally posted by Charles19 View Post
                If LL gives you this extension in writing then he invalidates the S21 served already.
                If LL is aware of this fact he may refuse to put in writing. Sensible for him not to do this.
                Chas
                Correct - if landlord is not, it would give OP a useful safety net.

                Comment


                  #23
                  Originally posted by matthew_henson View Post
                  You did not answer the question about arrears, it may be critical in your attempt to stay longer.
                  Five weeks in arrears at this point.

                  LL was aware at the time of moving in that we had animals. He was ok with it because we signed AST at previous address and he saw how we looked after the property plus the cats.

                  We were stupid to sign to the fact that no animals were allowed. Won't fall for that again.

                  Comment


                    #24
                    And so why do you believe yourself 'unlucky'?
                    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                    4. *- Contact info: click on my name (blue-highlight link).

                    Comment


                      #25
                      Originally posted by Free Lady View Post
                      Five weeks in arrears at this point.

                      LL was aware at the time of moving in that we had animals. He was ok with it because we signed AST at previous address and he saw how we looked after the property plus the cats.

                      We were stupid to sign to the fact that no animals were allowed. Won't fall for that again.
                      In that case you were not hiding your cats, but naive in signing a AST that put you in this situation.

                      Comment


                        #26
                        Originally posted by jeffrey View Post
                        And so why do you believe yourself 'unlucky'?
                        I wondered that, too.

                        Unlucky the landlord *does* mind if the rent isn't paid on time, in full, every month?

                        Comment


                          #27
                          Originally posted by Free Lady View Post
                          Section 8 grounds 10 and 11
                          Your landlord is evicting you for rent arrears (which you have admitted to). The cats are not relevant in this case, although he might have brought them up to demonstrate further evidence of breach of your tenancy agreement.

                          Forget about the cats, concentrate on the rent arrears. Grounds 10 and 11 are not grounds for mandatory possesion, if you catch up on your arrears he may not be granted possesion. However, he will gain possession through the s21 notice which has been served as back up.

                          Comment


                            #28
                            BUT s.8 can lead to possession rights for L during the fixed term; s.21 cannot (although, here, that's irrelevant- as the fixed term ended on 28 March).
                            JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                            1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                            2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                            3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                            4. *- Contact info: click on my name (blue-highlight link).

                            Comment


                              #29
                              Originally posted by jeffrey View Post
                              BUT s.8 can lead to possession rights for L during the fixed term; s.21 cannot (although, here, that's irrelevant- as the fixed term ended on 28 March).
                              Very true, but the point remains. The cats are completely irrelevant to this case. It's about the rent arrears and not the cats.

                              Comment


                                #30
                                No, it's about the rent unpaid and not 'arrears'. There is a difference.
                                JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                                1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                                2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                                3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                                4. *- Contact info: click on my name (blue-highlight link).

                                Comment

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