Landlord wants to evict, we want to stay a little longer

[MrShed]

They havent given a correct S21. Have you read the thread?

 

Poster - we are here to advise and discuss the LEGALITIES of the situation. If we want a moral debate, we could be here for evermore, and more importantly we are NOT getting to the crux of the issue, which is what is LEGALLY ENFORCEABLE.

[GuidoT]

Can we please refrain from personal insults, if you cannot do so then please do not post.

[Planner]

First, I am not sure who you are refering to being a troll - and if it was aimed at me, then - SO WHAT

 

As I have said - You have already admitted that they gave you a correct S.21. You are trying it on with the Landlord and the Agency. I am so glad that you are not my tennent.

 

Also, if you should be out on x day, and the new tennent are going to have to wait 2 weeks before they move in - then hell, you should pay there storage costs.

 

While I enjoy hearing from highly opinionated people with little grasp of the situation being discussed or indeed, the law relating to it, in this instance you will note that we have already established that the tenant would only be liable for any remaining rent and the landlords court costs as the landlord shouldnt have signed an AST with new tenants until he had possession of the property.

 

This mistake is the landlords for promisng what it wasnt in his power to give, legally, he should pay storage costs (I make no comment on the moral implications).

Edited July 22, 2008 by Planner

[MrShed]

This mistake is the landlords for promisng what it wasnt in his power to give, legally, he should pay storage costs (I make no comment on the moral implications).

 

Absolutely spot on Planner - good point!

[heartopp]

 

See the plan? Didn't quite work out. I delivered the letter by hand and the letting agent produced a Section 21 with the correct date (which I denied having received, OK?). The letter had the wrong date, the section 21 apparently had the right date...

 

 

So, you saying that you did not get the s.21 or that you did get the s.21?

[Planner]

It doesnt matter if the section 21 had been tattooed on to the o/ps chubby buttocks by the letting agents, it still doesnt end the contract if the tenant doesnt choose to leave.

[heartopp]

It doesnt matter if the section 21 had been tattooed on to the o/ps chubby buttocks by the letting agents, it still doesnt end the contract if the tenant doesnt choose to leave.

 

Not saying that the contract has ended or will end, I am fully aware that it would need to go to court.

 

if we talking leagalities, they did supply the op with the correct s.21 so now we are talking about the op - outstaying there welcome. This is not really a legal position, just that the OP s trying there luck, because they do not want to move out until they day THEY want to move out.

 

This is why the whole thread stinks. The LL or LA have given the correct paperwork to the OP, hence this thread!

[tokyodrifter]

So, you saying that you did not get the s.21 or that you did get the s.21?

 

Sigh.

 

We received a letter from the letting agent with an incorrect date, delivered by hand.

 

The letting agent admitted the letter had an incorrect date, but produced a copy of a s21 with the correct date, which they claimed had been delivered at the same time as the letter (it was not). Apologies for my confusing wording earlier.

 

All that is irrelevant to me now, as I am content to accept that we did receive notice (a handwritten note dropped through the door by the landlords before they went on holiday). The earlier ploy regarding disputed notice was just that. A ploy. I thought we might get some mileage out of a technicality, since the official letter we received from the letting agent was incorrect.

 

I appreciate that you consider the landlord's moral responsibility to end at having given the legally required 2 month's notice. Presumably no human factors enter into your equations, and you could happily send a man to the gallows as long as you could point to a section and paragraph that clearly stated that hopping on Tuesdays was punishable by death. I won't argue, since abiding by the letter of the law is exactly what I mean to do in this case.

 

I would merely ask you to refrain from deciding who has the moral high ground. If I thought I was on trial I'd have several thousand more words to say on the subject, but I really doubt anyone wants to hear it!

 

Very briefly, their most significant failures thus far:

 

Not being available for discussion until the last minute.

Verbal threat to physically evict us on the date of the notice expiration (clearly illegal).

Threat to bill us for storage etc (apparently not something they can legally enforce).

 

I have now paid in advance the rent for the additional 13 days.

[MrShed]

Tokyo, I think what he was trying to imply was whether you had ACTUALLY received the S21 with the wrong date, or whether you had merely SAID you had(just for clarification ).

[heartopp]

Tokyo, I think what he was trying to imply was whether you had ACTUALLY received the S21 with the wrong date, or whether you had merely SAID you had(just for clarification ).

 

Ok - I have not disputed that they have or have not recevied s.21 - as the op has already said that 1 was incorect and the other was correct.

Edited July 22, 2008 by heartopp
Wrong answer

[tokyodrifter]

...the OP s trying there luck, because they do not want to move out until they day THEY want to move out.

 

This is why the whole thread stinks. The LL or LA have given the correct paperwork to the OP, hence this thread!

 

If you really want, then fine. I'm an annoying tenant who is staying 13 days beyond the notice period because it's too inconvenient for me to move out sooner. The law supports my position, but clearly I am morally bankrupt.

 

(I should say, me and my 5 month old baby and 5 year old son. Funnily enough, I do not relish orchestrating the temporary relocation of all our belongings whilst finding a B&B where I can make sure my baby gets fed and changed every few hours, whilst maintaining my full time job and not plunging into debt. Funnily enough, I have some slight resentment toward a landlord who verbally promised us a long let, then changed their mind by way of a brief note before disappearing on holiday.) - But of course such personal problems are irrelevant.

[MrShed]

Guys, lets not get into a slagging match here

[heartopp]

Guys, lets not get into a slagging match here

 

No slanning match here, I am just pointing out the facts that the OP has given.

 

While I understand that you have childern, and are conserned for there well being, the LL/LA gave you 2 months notice to find a new property (which by the looks of it you have). Its NOT the LL fault that the start date for your new property is 13 days later. Thats YOUR responcibility.

[Planner]

If you really want, then fine. I'm an annoying tenant who is staying 13 days beyond the notice period because it's too inconvenient for me to move out sooner. The law supports my position, but clearly I am morally bankrupt.

 

Your a disgrace. How do you sleep at night?!

[MrShed]

It is, but the OP has to act in his best interests. His best interests at this point does NOT involve being homeless for 13 days. Also, as much as this may be his responsibility, it is also the responsibility of the landlord to:

 

a) give CORRECT and legally valid notice

b) not to grant another tenancy at a point when he may not legally be in a position to allow commencement of that tenancy.

[tokyodrifter]

Your a disgrace. How do you sleep at night?!

 

On a wooden pallet supported on the backs of orphaned slave children.

[tokyodrifter]

While I understand that you have childern, and are conserned for there well being, the LL/LA gave you 2 months notice to find a new property (which by the looks of it you have). Its NOT the LL fault that the start date for your new property is 13 days later. Thats YOUR responcibility.

 

Agreed. We failed in that responsibility and are forced to place a little of it at the landlords' feet, which the law permits us to do.

 

We did actually find a place that we could move into on time, but funnily enough that fell through because the owner suddenly announced they were letting it to their daughter! This despite their having our holding deposit for two weeks and having completed referencing. Didn't have much luck did we? This was largely why we failed to find a place in time.

 

It's like karma. One person screws over another, forcing them to mess around another, who then goes bleating about the injustice etc. There's a lesson in there somewhere