Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.
Would I be correct to assume the landlord has served on you a s8 notice to leave please? If so can you tell me what ground numbers he has cited?
I am not sure about what type of notice was served, but seem to recall S21? He has sited "late payments" as the grounds for early termination of our 2 year contract.
Thanks. So you remember roughly when the notice was served and the eviction date specified in the notice?
Notice has been served within the last couple of days, and eviction date is 7th July.
Thanks and your term runs until November roughly? Are there any break clauses in the tenancy?
Our term was to run to November 17th. There was a one-year break clause in the lease at the tenant's behest (we didn't see any break clauses favouring the Landlord)
Thanks. On that basis the landlord has served on you is invalid and can be ignored.
A s21 can only be served to expire after the end of your tenancy not before.
The landlord can exploit any break clause in his favour in the tenancy but from what you say there is none.
accordingly, the section 21 notice what you say can be ignored and you do not have to leave the property despite what you may have agreed to. the landlord cannot enforce an invalid notice
Thank you so much for this advice. It has all become so sour, though, that we will probably vacate on the 7th July. We are more concerned at this stage about the enduring inconvenience of multiple viewings at random times, and would really love to know our rights on this issue.
the landlord is entitled to serve something called a section 8 notice upon you for persistent late rent payments however eviction on these grounds would be a discretion of a judge and it is highly highly unlikely that a court would order a late rent payment eviction based on two late rent payments.
if the landlord is harassing you, this is a criminal offence and you can report the matter to the local authority's housing officer who can warn the landlord and seek prosecution. You can also claim civil damages in the County Court
you do not have to allow access for viewings or for any other purpose other than repairs or emergencies and any provision of the tenancy agreement that says otherwise has been deemed to be an unfair contract terms under the unfair terms in consumer contracts regulations by the office of fair trading
Is there anything above I can clarify for you?
That sounds only fair. The landlord insists that letting this house is "a business" for him, and we are positive that the motivation is the higher rent he can now achieve. A major worry for us will be reference from the current rental agent (Marsh and Parsons) for 'late rental payments' (actually probably about 4 times in all, but seriously never more than 9 days and mostly only 3 days late on average). We are worried that this will have a negative affect on us trying to rent elsewhere. I believe that the lease agreement did state that the agent would be permitted access for viewings for prospective future tenants, but that they should give us "reasonable" notice of these viewings. I just want to know what is considered "reasonable." How much notice? How often? Very vague wording…. Can I otherwise get access to information about the Consumer contracts from the Office of Fair trading, which you mention above?
Yes certainly. Just a moment...
See para 3.32
since you have no obligation to leave the property, you could contact the lettings agents and advise that, if you are still willing to leave, you will not believe in the property unless and until you are able to find suitable replacement accommodation and they will wish to bear this in mind when providing a reference for you. since you have no obligation to leave based on what you say, if they provide you with a bad reference preventing you renting elsewhere you do not have to leave so this should motivate them to ensure that an appropriate reference is given.
is there anything else I can help you with?
Hugely helpful, thank you! I will pass this on via the agents, and it will hopefully give me some authority in limiting the overwhelming "viewings" situation. Many thanks, indeed.
Quite so. Based on what you say the landlord is on the back foot as he is entirely reliant on your good graces to move out. Accordingly you should be able to effectively control proceedings.
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No problem. I will get the rating done now, but how do I reach you again if I do need to?
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Thank you so much. I am feeling greatly empowered by all this, which is gratifying as I know that we have been exemplary tenants, bar a couple of marginally late payments for which we have communicated more than adequately with the Landlord. Many thanks again. Great service!!!
Many thanks. Good luck with your move if you decide to go through with it.