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Landlord selling up and can't afford to rent elsewhere

150 replies

Freeasabird76 · 07/07/2022 23:09

Dont know the point of this post to be honest,just need to vent I think.
Have lived in this house with my 2 Dds for 5 years now and been very lucky with no rent increases,although the rent was a bit steep when j first moved in,it is now the cheapest in the whole area.
My landlords visited today to do an inspection and dropped the bombshell that they're selling up asap.
My dilemma is,equivalent homes are now £200 more than I'm paying now a month and at present only 2 available in whole area anyway.
How can if ve that I've lived here all my 46 years and now I can't afford a house here anymore.

OP posts:
Lineala · 09/07/2022 14:43

lonelydad2022 · 09/07/2022 11:31

If the judge gives you the costs, it is not the solicitors costs, but court fees. LL base their bullying tactics in the ignorance of the tenants.

Actually according to the CPR it's fixed costs, so court fee plus whatever the current fixed cost is. So wrong again @lonelydad2022

Lineala · 09/07/2022 14:57

In fact if your tenancy agreement includes the condition that costs for possession claims will be borne by the tenant you could well find yourself contractually liable for full costs which if the landlord is using a solicitor/da barrister will probably be around 1.5 to 2k plus court fees. So tenants thinking landlords taking possession proceedings will not lead to substantial costs should first check their tenancy agreement.

Tenants should not rely on people like @lonelydad2022 or people like me for that matter. Use the legal sites and check for yourself. If you're not comfortable wading through legislation.gov.uk or CPR s55/PD55 stuff then go to your local free law centre or Shelter who can be a bit flaky depending on who you get, but are usually OK.

lastminutedotcom22 · 09/07/2022 22:37

Lineala · 09/07/2022 14:57

In fact if your tenancy agreement includes the condition that costs for possession claims will be borne by the tenant you could well find yourself contractually liable for full costs which if the landlord is using a solicitor/da barrister will probably be around 1.5 to 2k plus court fees. So tenants thinking landlords taking possession proceedings will not lead to substantial costs should first check their tenancy agreement.

Tenants should not rely on people like @lonelydad2022 or people like me for that matter. Use the legal sites and check for yourself. If you're not comfortable wading through legislation.gov.uk or CPR s55/PD55 stuff then go to your local free law centre or Shelter who can be a bit flaky depending on who you get, but are usually OK.

This is an excellent point

Freeasabird76 · 09/07/2022 23:21

Hi all,thanks for all the advice.

OP posts:
Ballcactus · 10/07/2022 13:55

lastminutedotcom22 · 08/07/2022 20:58

We rent our house and have a lettings agent - we met the landlord when we moved in as he wanted to see who was going to be in the property - fair enough and he was happy that a nice family were moving in and that we were going to be good long term tennants as each time someone moved out it inevitably costs them money, lost rent inbetween tennants, then any repairs or decorating etc....

Our rent is £750 for a modern 3 bed semi in the East Midlands we live between Nottingham and Sheffield

We have recently unexpectedly inherited some money and are planning on buying a house moving out within the next 6 months and my friend would love to rent the house we are in as it's in a much nicer area and she is in a flat with 2 kids but the rent was agreed 6 years ago and I am sure if it was re-let they would be "reviewing" this which is totally understandable on their part and I know my friend couldn't afford to pay more than we currently do.

It's just very difficult for people renting privately to keep up with the rent hikes as wages just don't go up at the same rate.

I'm quite sure that our rent hasn't been increased as we keep the house nice as if it was our own, very clean and tidy (as in if they knocked on the door there would be no issues, although legally they can't do that) always pay the rent on time and generally only have contact with them for annual gas checks and the 6 monthly inspections.

I've found If your food to a landlord they are good to you.

I’m sorry but your experience is a lucky one. There are many many tenants that are good and act exactly as you have and have had the opposite experience, in fact a very traumatic one.

Freeasabird76 · 16/07/2022 17:39

Just to update,my landlords served notice today,filled in the online housing form but will phone monday to speak to an actual person to and see if have the s21 helps bump me up the council list at all.🤞🤞

OP posts:
gfwantsmoney · 16/07/2022 21:28

Lineala · 09/07/2022 14:43

Actually according to the CPR it's fixed costs, so court fee plus whatever the current fixed cost is. So wrong again @lonelydad2022

I am sure you are a landlord. A bad one for that matter. You are scared that people know the little power a landlord have to evict a tenant. They rely in the ignorance of the public. I loved to deal with landlords like you. I won every time. I always pay my rent on time and there is nothing they can do.

gfwantsmoney · 16/07/2022 21:31

Freeasabird76 · 16/07/2022 17:39

Just to update,my landlords served notice today,filled in the online housing form but will phone monday to speak to an actual person to and see if have the s21 helps bump me up the council list at all.🤞🤞

That won't change anything. As I said, S21 means nothing. Landlords (and the even worse state agents) want you to believe otherwise.

gfwantsmoney · 16/07/2022 21:36

Lineala · 09/07/2022 14:43

Actually according to the CPR it's fixed costs, so court fee plus whatever the current fixed cost is. So wrong again @lonelydad2022

Hardly a life changing sum :) . Keep trying to scare tenants with ignorance.
Amount of Fixed Costs

The proper starting point is an examination of the fixed costs regime as it applies to these Landlord and Tenant proceedings. The fixed costs regime was brought in to limit the amount recoverable by Landlords after successful possession proceedings to ensure that litigation was conducted at a proportionate cost. CPR 45 provides for the recovery of the following fixed costs in undefended claims, unless the Court orders otherwise.

• Court Fee (currently £325 for claims issued using the Possession Claims Online (PCOL) system and £355 for County Court possession claims).

• Fixed costs on Commencement (CPR 45.5) as per the below:

  1. Where the claim form is served by the Court or any method other than personal service by the Claimant – £69.50
  2. Where the claim form is served personally by the Claimant and there is only one Defendant – £77.00
  3. Where the claim form is served personally by the Claimant and there is more than one Defendant, for each additional Defendant personally served at separate addresses the Claimant may claim an additional £15 per Defendant.

• Fixed costs on Judgment (CPR 45.6)

  1. The sum of £57.25.

Note that this last sum for costs, payable under CPR 45.6, is payable on entry of judgment, which will normally be for rent arrears. As such, this sum is not recoverable when using the accelerated possession procedure, which does not provide for the recovery of rent arrears.

As can be seen from the above, the amount of fixed costs that can be claimed in possession proceedings will vary depending on the way in which the claim is issued, the method of service of the claim form and whether or not judgement is sought in respect of rent arrears.

Lineala · 17/07/2022 10:53

gfwantsmoney · 16/07/2022 21:36

Hardly a life changing sum :) . Keep trying to scare tenants with ignorance.
Amount of Fixed Costs

The proper starting point is an examination of the fixed costs regime as it applies to these Landlord and Tenant proceedings. The fixed costs regime was brought in to limit the amount recoverable by Landlords after successful possession proceedings to ensure that litigation was conducted at a proportionate cost. CPR 45 provides for the recovery of the following fixed costs in undefended claims, unless the Court orders otherwise.

• Court Fee (currently £325 for claims issued using the Possession Claims Online (PCOL) system and £355 for County Court possession claims).

• Fixed costs on Commencement (CPR 45.5) as per the below:

  1. Where the claim form is served by the Court or any method other than personal service by the Claimant – £69.50
  2. Where the claim form is served personally by the Claimant and there is only one Defendant – £77.00
  3. Where the claim form is served personally by the Claimant and there is more than one Defendant, for each additional Defendant personally served at separate addresses the Claimant may claim an additional £15 per Defendant.

• Fixed costs on Judgment (CPR 45.6)

  1. The sum of £57.25.

Note that this last sum for costs, payable under CPR 45.6, is payable on entry of judgment, which will normally be for rent arrears. As such, this sum is not recoverable when using the accelerated possession procedure, which does not provide for the recovery of rent arrears.

As can be seen from the above, the amount of fixed costs that can be claimed in possession proceedings will vary depending on the way in which the claim is issued, the method of service of the claim form and whether or not judgement is sought in respect of rent arrears.

Sure but you are ignoring the right to recover FULL litigation costs on a contractual basis provided they are set out in the Tenancy Agreement which can and often do run into several thousands.

Your sort of 'law' is dangerous because you are misleading people.

missdemeanors · 17/07/2022 11:23

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gfwantsmoney · 17/07/2022 11:33

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I am not disqualifying you. You are showing again your ignorance. There is no way to get a CCJ is you pay your rent. You are a bully and it shows even in this thread by calling me idiot for telling the true. Good landlords won't disappear. Only people like you will.

missdemeanors · 17/07/2022 11:37

I was referring to risking a CCJ for not paying the costs if the LL goes through the court process. A tenant could end up paying huge sums - or get a CCJ. Neither option really in the tenants interests.

You seem to assume I'm a LL - haha, no, I have adult children who sadly have to rent because house prices in the U.K. are insane. Fortunately they're bright enough and not vulnerable so wouldn't listen to some of the shite peddled on here

gfwantsmoney · 17/07/2022 11:39

Lineala · 17/07/2022 10:53

Sure but you are ignoring the right to recover FULL litigation costs on a contractual basis provided they are set out in the Tenancy Agreement which can and often do run into several thousands.

Your sort of 'law' is dangerous because you are misleading people.

Again totally false. You can put whatever you want in the contract as a lot of dishonest landlords do. Those clauses mean nothing if they are unfair. They know it, the state agents know it. They are only there to scare the vulnerable tenants. Landlords have to follow the law as everyone else. If they can't, they have to leave the sector. When I was renting, I let the landlords put any clause they wanted.

missdemeanors · 17/07/2022 11:43

Yeah because of course the courts will see it as totally 'unfair' that a LL who is acting lawfully is recovering costs incurred by a tenant.... Confused

GCHeretic · 17/07/2022 11:43

gfwantsmoney · 16/07/2022 21:28

I am sure you are a landlord. A bad one for that matter. You are scared that people know the little power a landlord have to evict a tenant. They rely in the ignorance of the public. I loved to deal with landlords like you. I won every time. I always pay my rent on time and there is nothing they can do.

What do you mean? If a landlord wants you to leave after your tenancy ends and follows the correct procedure then of course you’ll end up having to leave.

gfwantsmoney · 17/07/2022 11:45

For the OP. Again, S21 means nothing. The landlord is just communicating you they want the property back. What happens at the end of the S21. NOTHING. If the landlord wants to gain possession of the property, they have to take you to court. They have to get an order and get the bailiffs. I am not telling you to do that. Only explaining your rights. Keep paying your rent and move at your own pace. It is in the best interest of the landlord to treat you with respect and compromise. Also, there are no CCJ for not leaving when the s21 ends or if they take you to court. Another stupidity of a couple of landlords in this thread. Most of amateur landlords have very little education. They don't even understand what they have signed for as the ones in this thread.

missdemeanors · 17/07/2022 11:47

To make it clear, if a LL hasn't done what they should do, got licensed if they need to, gone through all the procedures properly, then they deserve the shit coming to them.

But the OP has said nothing about her LL being crap- in fact they've actually
not increased the rent for years.
If a LL does things properly by the book then it's shitty 'advice' to try to pretend they're not going to end up incurring possibly huge costs through the court process

Guess some idiots don't mind making a vulnerable person in an even worse position

gfwantsmoney · 17/07/2022 11:50

missdemeanors · 17/07/2022 11:43

Yeah because of course the courts will see it as totally 'unfair' that a LL who is acting lawfully is recovering costs incurred by a tenant.... Confused

Going to court is not unreasonable. It is part of the process. What part you don't understand. The S21 is the notice, then the court, then the bailiffs. That is the legal process to evict a tenant. The tenant is not breaking any law or being unreasonable as long as he is paying the rent on time. You don't like it, don't be a landlord. Maybe educate yourself before giving opinions. Its not that difficult.

missdemeanors · 17/07/2022 11:51

.'I loved to deal with landlords like you. I won every time. I always pay my rent on time and there is nothing they can do.'

Hahahaha yeah okay ....

gfwantsmoney · 17/07/2022 11:55

GCHeretic · 17/07/2022 11:43

What do you mean? If a landlord wants you to leave after your tenancy ends and follows the correct procedure then of course you’ll end up having to leave.

Of course. But there is a procedure. S21 is just the first step. The tenant doesn't have to go. They decide to stay for whatever reason. Next step is the court. Etc. When you are a landlord, you have to be aware of that not try to scare the tenant with lies and bullying tactics like the stupid assertions of missdemeanors. Rogue landlords and state agents rely on bullying and ignorance to scare the tenants.

GCHeretic · 17/07/2022 12:00

gfwantsmoney · 17/07/2022 11:50

Going to court is not unreasonable. It is part of the process. What part you don't understand. The S21 is the notice, then the court, then the bailiffs. That is the legal process to evict a tenant. The tenant is not breaking any law or being unreasonable as long as he is paying the rent on time. You don't like it, don't be a landlord. Maybe educate yourself before giving opinions. Its not that difficult.

Lovely. It’s a mystery why you can’t hold down a job that lets you buy a house.

MrsDThomas · 17/07/2022 12:31

Im a LL and my tenants are moving out at the end of the month. They’ve been there for 10 years with NO rent increase. 10 years. They were great.

now, the OP here has been given the warning. Ample time to look for a place to live. At the end of the day, its not her house. Its the LL and he has the right to do whatever he wants . I strongly believe that tenants have too many rights.

i can’t wait for this lot to move as im selling up.

lonelydad2022 · 17/07/2022 12:40

GCHeretic · 17/07/2022 12:00

Lovely. It’s a mystery why you can’t hold down a job that lets you buy a house.

Lol. I do. I probably earn 6 or 7 times your salary. I deal with my children's university accommodation landlords.

missdemeanors · 17/07/2022 12:53

Some great works of fiction on this thread Smile

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