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tdlawyer
tdlawyer, Lawyer
Category: Property Law
Satisfied Customers: 1096
Experience:  Lawyer with 9 years experience of advising on property issues.
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I have been renting this property for our 30 months and

Resolved Question:

I have been renting this property for our 30 months and Landlord gave me notice to vacate because she wanted to sell the property. I offered her and she accepted so the legal process to buys started. She was in a hurry to sell and kept emailing me to hurry up and also in the meantime kept reminding me when the previous notice period ends(strange! Harrassment?) In the end just before the day of completion she emailed me saying she is backing out of the deal(giving reasons that made no sense) and also saying she now needs more money for the property and will let me offer again(Game plan to increase the rent I think)! Why will she let me offer again if she was already bothered of closure taking time(2 months for searched etc, in which time her solicitor took 20 days to respond to a query). She also served me an(illegal) notice to vacate the house or offer more. I pleaded to her that Me and my family will be literaly on road and not to do this and also keep my rent deposit as an apology! she said her decision stands. After consulting a friend i asked her to serve a statutory notice. She has now served the statutory notice with wrong date and names, I have asked her to resend the correct notice with correct date from the rent agreement(She does not have a copy, both copies are with me). Just to add she used my(rented) address as her Registered Business address for 2 years!. What are my options, I am worried that she will not even return my deposit as I being assured of the deal going through built a platform for a shed in the garden- a day before completion of sale and she might just keep all my deposit for getting rid of it. Please can you help me with what my options are: To add: My Landlord is using its tenants(my) address as her Registered Business address.

Submitted: 3 years ago.
Category: Property Law
Expert:  tdlawyer replied 3 years ago.
tdlawyer :

Hi thanks for your question. My name is***** can assist with this.

tdlawyer :

Is this an assured shorthold tenancy?

tdlawyer :

And the statutory notice you mention, is this the standard s.21 notice that the landlord is serving?

Customer:

Yes it is.

Customer:

Is it not 2 months notice they need to serve?

Customer:

Oh sorry yes S21 notice

tdlawyer :

Okay - yes, it's a 2 month notice under s.21. Okay, so once they serve a proper notice, with the correct names etc., then there is no defence to this at all. You would have to vacate once the Court makes an order which it must do once possesison proceedings are issues. There is no defence to this if the deposit has been properly protected.

tdlawyer :

So you could threaten a counterclaim for harassment, but I doubt that would get you very far on what you've sad.

tdlawyer :

said.

tdlawyer :

Of you can negotiate to buy the property.

Customer:

what about her using my address as a companies registered address?

tdlawyer :

I dont think you're going to be able to make anything of that either I'm afraid. I can't see what legal wrong it would amount to.

Customer:

She has been using my address for business purposes while I was paying the rent, surely there has to be a law against it?

tdlawyer :

Not that I'm aware of .. .no.

Customer:

Sorry. I do not think I have received the correct information.

tdlawyer :

What do you mean?

tdlawyer :

I can only tell you what I think the law is - if you think I'm wrong, please do say and tell me why, because I like to discuss these things.

tdlawyer :

At best, ***** ***** be able to say it is harassment to send post (or have it sent to you) if the purpose was to cause you harassment.

Customer:

No one can use your address for Business purposes, definitely not a landlord. It accounts to breach of company house rules and also can be used for tax avoidence

tdlawyer :

But there is no law that says you cannot use somebody else's address (even without their consent believe it or not), so long as there is no fraudulent purpose in doing so.

tdlawyer :

There are no Company House rules that state where the address must be - other than it must not be a PO box address.

tdlawyer :

Tax evasion is unlawful (tax avoidance is not), and you're right (if you're talking about evasion) that it would be unawful.

Customer:

Ok. I have been bullied by my landlandy and I know she is not returning my deposit, she does not have a copy of rent agreement, what can I do to get my full deposit back, with £400 spent on Shed foundation in the garden

tdlawyer :

You can threaten to make a counterclaim against her and then agree to drop this if you get back your full deposit. That is one potential avenue for you.

Customer:

counterclaim of what?

tdlawyer :

Well, it would be your claim against her for harassment. It would not stop you being evicted under the s.21 procedure, but it would mean that the landlady was then locked into proceedings against you for your claim for damages for harassment.

tdlawyer :

She might abandon the s.21 proceedings and allow you to stay or you might go and persuade her to give you back your deposit as a condition of abandoning your harassment claim.

Customer:

Ok Thanks. Last one Does she serving me S21 mean I have a civil case against me and I will now show up in in Advance Sercurity Cheks?

tdlawyer :

No, she doesnt have a civil claim against you unless and until she issues court proceedings based on the s.21 notice - this the next step after the s.21 notice expires.

Customer:

OK. Thanks

tdlawyer :

Is there anything else you would like to ask me?

Customer:

No Thank You.

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