ChatterBank0 min ago
Advice On Tenancy Agreement Please.
After signing an agreement on an assured shorthold tenancy 10 years ago I discovered that the property did not have residential permission - just holiday let.
What redress could I have?
I was served with a section 21 - retribution reporting this to the local authority so am now living elsewhere.
What redress could I have?
I was served with a section 21 - retribution reporting this to the local authority so am now living elsewhere.
Answers
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One thing that any solicitor is likely to ask you is if you're able to quantify your monetary losses (if any) that were sustained through the actions of the landlord who offered you a tenancy which couldn't actually exist. (e.g. if you spent a lot of money decorating the property on the assumption that you were going to live there for ages, only to be turned out, the landlord could be pursued for compensation. Similarly, if you lost out through having to pay removal expenses, the landlord could be pursued for compensation).
Havent we had this ? question I mean....
the redress you can have is dependent completely on the loss you have suffered.
As a landlord - I dont see a loss. s21 is a catch-all and I use it in preference for anything including for rent arrears ( quicker ) . Your tenancy is 'run-on' and so you dont have a right to a continuation of the tenancy and it can be ended on the landlords whim with a s21. I am astounded you didnt foresee this
I dont see that you have a loss - hence save your moolah or at least go to a citizens advice bureau first ( free ) - as for hopes of a court order perfecting title for the third party ( landlord ) dream on. I have to say that as a landlord if someone had done this to me, I would chuck them out ...
BUT since this is a law thread - other bits of AB are a bit of a zoo or rat run ... You may or may not agree that you have questioned landlords title and I was under the impression ( not that anyone does this ) that the contract is immediately terminated and so the LL can apply for immediate eviction.
( questioning title is such a legal insult that the contract determines immediately - there is virtually no contract law on this - and discussion is tucked away in textbooks with headings like Chap LXI 'Only for Bored Law Students when it Rains ...' ) see here
https:/
a few tenants well extenants have dobbed me in for fraud
and I have wagged my finger at them and told them to get advice
and 'dont forget to tell the advisor that you have questioned landlords title, and see the look of horror on their faces .....'
Even the new new new s2 Fraud Act - issuing a false document with intent - loss does NOT have to be shown so it is a 'conduct' offence -
I think the Landlord could defend it successfully by saying at the time he issued the contract he could do it lawfully and therefore did not have the necesary criminal intent.
( also the contract predates the new Act and you are screwed under the old legislation )
sorry PP
the redress you can have is dependent completely on the loss you have suffered.
As a landlord - I dont see a loss. s21 is a catch-all and I use it in preference for anything including for rent arrears ( quicker ) . Your tenancy is 'run-on' and so you dont have a right to a continuation of the tenancy and it can be ended on the landlords whim with a s21. I am astounded you didnt foresee this
I dont see that you have a loss - hence save your moolah or at least go to a citizens advice bureau first ( free ) - as for hopes of a court order perfecting title for the third party ( landlord ) dream on. I have to say that as a landlord if someone had done this to me, I would chuck them out ...
BUT since this is a law thread - other bits of AB are a bit of a zoo or rat run ... You may or may not agree that you have questioned landlords title and I was under the impression ( not that anyone does this ) that the contract is immediately terminated and so the LL can apply for immediate eviction.
( questioning title is such a legal insult that the contract determines immediately - there is virtually no contract law on this - and discussion is tucked away in textbooks with headings like Chap LXI 'Only for Bored Law Students when it Rains ...' ) see here
https:/
a few tenants well extenants have dobbed me in for fraud
and I have wagged my finger at them and told them to get advice
and 'dont forget to tell the advisor that you have questioned landlords title, and see the look of horror on their faces .....'
Even the new new new s2 Fraud Act - issuing a false document with intent - loss does NOT have to be shown so it is a 'conduct' offence -
I think the Landlord could defend it successfully by saying at the time he issued the contract he could do it lawfully and therefore did not have the necesary criminal intent.
( also the contract predates the new Act and you are screwed under the old legislation )
sorry PP
No or yes cassa I thought we had had an earlier question on someone who found his lease was for holiday accommodation ....
the council in my experience is only involved if the tenant is in someway *** off. Landlords are always met with the data protection act
and that in itself shows that the landlord tenant relationship is heading for or already is on the rocks ....
the council in my experience is only involved if the tenant is in someway *** off. Landlords are always met with the data protection act
and that in itself shows that the landlord tenant relationship is heading for or already is on the rocks ....
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