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Jamie-Law
Jamie-Law, Solicitor
Category: Property Law
Satisfied Customers: 18371
Experience:  Solicitor
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I have an AST, My landlord has served with S21 notice on

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I have an AST
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: My landlord has served with S21 notice on 13th March.
JA: Have you talked to a lawyer about this?
Customer: I run a business from my home which the landlord knew about and offeres me the house because of my business. They are now saying I am in breach of contract as it states I cannot run a business. But surely they had prior knowledge of the business and allowed it for 6 years undisturbed
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No

Hello, my name is ***** ***** I will help you. I am just reviewing your question. Hopefully, we can get this resolved quickly.

It sounds as if you want to know whether or not the S.21 notice is a proper one.

You have not been served a S.8 notice which is one for breach.

You have been given a S.21 notice which means the Landlord can end the tenancy.

So the reality is it makes no difference whether or not you were running a business as its a S.21 you have been served to end the tenancy.

S.21 notice is a non-fault ending of the tenancy.

Can I clarify anything for you about this today, please?

If not might I invite you to leave me a positive rating before you go, this ensures the site pays me for the time spent answering your question.

If you need anything further I am available for a follow up at no extra cost.

Customer: replied 7 days ago.
I'd like clarity as to whether I am in breach of contract aa the landlord has prior knowledge of my business. They offered me the house on the basis that I could run it from their property

If they knew for 6 years then you are not.

But the S.21 procedure is for a no-fault ending of tenancy, so whether you are in breach does not matter.

Does that assist?

Customer: replied 7 days ago.
If I was served with S21 in March has that expired now? So the next step is for the landlord is to take me to Court for possession order or serve with another S21 notice
Customer: replied 7 days ago.
The landlord is steering away fro the S21 notice and now going on about me being in breach of contract for running. A business they've known about for 6 years

Sadly not - the Court suspended any Court proceedings from 27th March until the end of this month.

So your Landlord could not even apply for possession because the Court service won't let him

But until you are served with a s.8 notice then it does not matter what he is saying.

Does that assist?

Customer: replied 7 days ago.
OK so if i get served a section 8 agreement what happens next?
Can they serve me with a section. 8 agreement at any point now?

If you get served a S.8 notice and you reject it, then a Judge can make a ruling on that basis

Does that help?

Customer: replied 7 days ago.
I could get a section 8 at any time could I? Does that mean it automatically goes to court
Customer: replied 7 days ago.
Or like the section 21 notice yiu are given a notice period

Potentially yes.

If you reject the notice it would have to go to Court if the Landlord wants you evicted

Does that assist?

Customer: replied 7 days ago.
Who pays the court costs for a section 8 notice
Customer: replied 7 days ago.
I would need to prove that the landlord knew I was running a business from here and they gave me prior consent

If the Court orders you out, then the Court can award you pay the costs of bringing to Court.

Yes, you would have to show the Landlord knew and gave consent
Does that help?

Customer: replied 7 days ago.
How would I prove that?The fact the estate director came to my house and carried out rent reviews?

Yes, that certainly gives constructive notice.

Does that assist?

Customer: replied 7 days ago.
What is constructive notice? Several members of staff at the estate used my services including the land agent who drew up the tenancy agreements

Notice is where they come and see.

Does that help?

Customer: replied 7 days ago.
OK so each time someone from the estate came to my property in those 6 years

Yes, that is why you have a valid defence.

Does that assist?

Customer: replied 7 days ago.
that overrides the clause in the tenancy agreement does it?

Yes.

But forget that for the moment - you have not been served with a s.8 notice, only a s.21 notice.

So that is a no-fault possession

Does that help?

Customer: replied 7 days ago.
but today's meeting with them they are now going on the angle of breach of contract and not S21
I just wanted to know my position as they have been bullying and intimidating me since serving me with S21 in March. I have been shielding and told not to move during C-19

Ok - but you don't need to move unless a COurt orders you to do so.
As I have already indicated that is going to be sometime away

Does that assist?

Customer: replied 7 days ago.
The are trying to persuade me with cash incentives

Ok. Can I assist with anything else tonight?

Customer: replied 7 days ago.
Are landlords allowed to offer cash incentives or can thst be deemed as harassment

Yes, they can and no it is not harassment

Does that clarify?

Customer: replied 7 days ago.
thank you. You've been very informative

All the best. If I could invite you to give me a positive rating before you go today by clicking the button at the top of the screen, so the site credits me for the time spent. I am only paid when you rate. if you need further help please click reply. Thanks in advance.

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