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About Elvis-Has-Sold-The-Building

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  1. If you are going to be on your own then why not find somewhere smaller and cheaper, perhaps a flat as these rents are falling more. Then you can save more towards buying. You already said the high rent would financially cripple you so surely moving is a good thing.
  2. From what I've experienced the agent or landlord usually have their standard contract that they are not prepared to change. Break clauses seem to be quite common but they do not all have break clauses in, I've never had one and have had 12 month fixed terms. It would depend on what the agent or landlord agrees to so it is worth asking them.
  3. Hi LettingsLady, Thank you for checking this out, it's disappointing there isn't any case law as I'd guess that landlords and tenants do get into into dispute over this given the number of S21s that are served when the landlord didn't at the time of service intend to follow up to get possession. (Typically the landlord does say or write something to reassure the tenant the S21 was routine and wouldn't be used unless things went badly etc.). Still it's good to know we aren't missing any cases. I guess that leaves which way things would go uncertain for both sides. I do agree that the spirit of
  4. There I agree we could do with some litigation on the subject or something from the likes of Painsmith who specialise in this area.
  5. The landlord doesn't tell the tenant anything about whether or not he intends to enforce an SoD S21 as in doing that he may void the notice. See letting ladies comments about the S21 needing to be unequivocal and without reservation. To answer your points in red in the above post (they didn't appear in the quote): The whole point of the landlord wanting the tenant to say for the NTQ duration is to collect more rent and also ensure the tenant leaves as near as possible to the date the landlord wants, perhaps buy more time to line up a new tenant. Therefore a landlord who is awkward enough to
  6. The whole point of the SoD is that the landlord doesn't tell the tenant his intentions. The landlord has a free choice if he is going to enforce SoD S21 or not, it is there for use should it be needed and can be used at any time. Doesn't your second red paragraph shoot down your first red paragraph and make my point still stand? If the LL insisting on correct notice from the tenant doesn't void the S21 then you can still have the case where the the landlord asks for the tenant to serve out his own notice and then the next week fills in the court papers to enforce the S21. Thus the tenant is s
  7. If your argument holds then it's possible to have at one and the same time: a ) T bound to serve notice (which can easily be almost two months if he just missed the start of a period). b ) The landlord filling in the court forms to enforce the S21. That would leave time for the possession order to be granted while the tenant is still serving his notice. That's mad. Alternatively how about this conversation between L and T: T: I'm off next week. L: You can't go you haven't served a NTQ I want a one months notice ending on a rent day. T: But you are free to action the S21 tomorrow if you
  8. Hi LettingsLady, Having been involved in the Sword of Damocles thread in the past I thought these comments of yours most interesting. (For the others Painsmith does specialise solely in Landlord and Tenant Law and Marveen has been on radio four talking about it quite a few times). My question is do you know of any case law or anything more concrete from Paimsmith (or anywhere else) to back up that a S.21 Notice needs to be unequivocal and without reservation? It would make logical sense to me that it should, and I'm sure it does but as yet I've not seen the legal argument to back it up.
  9. What I'd do is ask the agent for the landlord's name and address. Then pay the three quid at land registry online to ensure that the name and address tally with what you have been told. Then I'd attempt to make direct contact with the landlord and explain your worries about the agent. That way the landlord can reassure you and make some contingency plans with you for should the worst happen. These plans could include the landlord assuring you he will cover the holding depoitt and set you up with another agent should the current agent go bust before you move in. Also best if your proper deposit
  10. PeterSDE, I take it you have asked for the full terms and conditions of the insurance? If not why not. Surely that should specify exactly what the insurance was for?
  11. sleepwello'nights, If not abused the S21 is effective for the good tenants. I was served a S21 as the landlord wished to sell and as he only served it once he'd decided he wished me to move I made full well I moved out on precisely the day that the notice period was up. (The property was left in perfect condition and I got all my deposit returned). In this case it took the landlord precisely two months from service of the notice to obtaining a vacant property. If the landlord had used the Sword of Damocles then there is no way I could have moved out immediately as I require time to move. Als
  12. http://www.letlink.co.uk/GeneralInfo/Secti...ces_Form_4b.htm
  13. My landlord has just asked for an increase too. I was stunned that he's be so stupid in the current market. Not only that he expected me to sign up for another year at the new rent. Now why would I do that with interest rates slashed and rents falling? So now I'll have to go through the tedious process of getting a list of comparable properties to show him. I thought I'd send him the RICS report for good measure. If I can be bothered. Perhaps I'll just leave.
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