Landlord Using Unusual Tactics to Keep me Resident

[Lea_HTH]

No there isn't anything referring specifically to the garden.The advert which I responded to stated 'studio flat with communal garden'. THings like the clothes line etc... will also vanish when the garden goes, which is a major inconvenience :-/ Luckily enough, I confronted the LL and said 'you don't pay council tax here, so you have no rights'. She slipped up and said 'just because I've never paid council tax on the property, doesn't mean I have NO rights'.

 

I gently reminded her that she should pay CT as she uses the basement for storage. She laughed at me until I called the council up whilst she waited and handed the call over to her. Needless to say, she now has a CT bill backdating to 1992 LMAO!

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?388942-Should-LL-s-pay-for-Council-Tax

 

In the above thread you state that the garden is 'out of bounds'. So, which is it? Was the garden part of your tenancy agreement, or not? The snipped you linked to appears to make it an access issue, and they've solved this by providing alternative access.

 

I think the site team should merge your threads as whilst they appear to be about different things, they are about the same property and now you're referring to the CT in this thread, it doesn't make sense to leave them separate, especially as they are all in the same section of the forum.

 

If you are as fond of this property you are living in as you say, then you perhaps shouldn't be playing the games with your LL that you appear to be playing. It's simple enough for her to serve you with notice.

[Lea_HTH]

Merge them as they're about the same property? Hell lets not merge all the threads in the debt section as they're http://forums.moneysavingexpert.com/showpost.php?p=53600973? They're individual issues which I'm individually address with the LL.

 

Yes, merge them (which the site team have done anyway) - it's logical, they're all to do with you and ONE property and ONE LL, so are ONE issue. You couldn't go to court and issue four or five separate claims for your issues. Your analogy about debt threads isn't even comparable.

 

I haven't actually seen any 'unfair treatment' that would constitute a cause of action in a court of law.

[Lea_HTH]

If the deposit was a 'deposit guarantee', then no money exchanged hands.

 

It's a 'loan', because if the LL claims for damages to the property, the local authority will pay out and then get repayments from you.

 

If no money changed hands, there's no TDS requirement.

[Lea_HTH]

s21 actually doesn't have an end date per se. They can be ended only by ending the tenancy (either by moving out or by court action), or by the creation of a new tenancy for the same property.

 

So, whilst the LL said it would last 12 months, whoever he got his advice from got it wrong. It'll last until one of the things in my initial paragraph occurs and the LL can act on it (so long as it is validly served) whenever he chooses.

 

The conditions he is asking you to comply with have absolutely nothing to do with the s21, and the comment you posted from him just indicates he is using it to ensure you behave yourself.

 

To answer your questions.

 

1. As above.

2. You haven't given us the relevant dates - so how could we tell? Provide the date of the tenancy agreement, date rent is due, any variations that have been allowed, and any renewal of tenancy agreements. Then provide the actual dates written on the s21, as well as any additional wording.

3. They can use a s21 at any time, whenever they like, for whatever reason they like. In court it won't matter what reason they told you about the s21, the only thing that will matter is was it validly served and if there was a deposit was it protected. A possession order will follow if things were done correctly.

[Lea_HTH]

Your tenancy is not 'renewed every month".

 

I agree with Mariner - the LL has tried to use saving words - and it is clear from the wording that two clear months notice is being given. So long as the LL starts his action after 3rd October (and he's not done that and we're in November), he can point to the fact that he had the saving words which indicated two clear months was being given. If he can persuade a judge of that - the notice will be valid. Depends on the judge however, as a s21 notice cannot be dispensed with.