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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

AIBU to be absolutely shocked at my friend attitude towards her landlord and her not want to move out ???

257 replies

SpikeHairandFab · 28/04/2014 13:57

Hi, I just need to get some perception ,sorry ,I am afraid it is going to be long
My friend is buying house, she has wasted almost 5 months waiting for her dream house but she didn't get it at the end ( due to some massive muck up from vendor side, not her fault) . Now she is in process to buy a new house. Everything is o.k with this one ,she will move in at the end of June.
The problem is her landlord has served her a notice to vacate the house . It was served in Jan ,and her last day should be 24th of May. But she saying she will not move out, she will stay 5-6 weeks longer, even though her landlord sold the house he is living in now, and he want to move to the house she is renting from him.
I tried to explain to her that she really need to move out,as it is not fair on her LL , that he has given her enough time to sort something out ,and that the Law is on his side , but she saying she has nowhere to go, and she can't rent anything short term ,as it is going to be expensive. She also saying that he will have to get her to court , and that will buy her around month or so, she thinks there will be no consequence at all , she will go when she is ready , and she doesn't give a sh@t about her LL. Also she said she will stop paying him rent from 25th May , as he getting her to court !!!! I this point my jaw just dropped to the floor
I know she has 3 kids and therefore a lots of stuff , but it seems like she is trying to get advantage (not paying rent) out of this whole nasty situation.
I am really trying hard not to be judgy ,but I can't help, she is in very tough situation but I think she should at least try to do something.

Is she right that there will not be any consequence at all? She said she was reading some forum and that she got that info out from it.

She is my very good friend and even though I don't like what she's doing ,I really need to help her(not that she asked for any help). I have offered her to borrow some money , but now I am more concerned about what she is getting herself and her family in to by not moving out.
Will she get any record ?
Any advice would be highly appreciate .
Thank you for reading

OP posts:
BitterAndOnlySlightlyTwisted · 30/04/2014 14:11

"It is not a "legal concept" that a tenancy can only be ended by a court. Provided tenancy was set up correctly and the relevant notices were served the tenancy ends on the contractual date."

No, it's not a "legal concept" as there is nothing conceptual about it. It is a very basic legal fact. I dunno how many times I need to type this: a tenancy can only end if the tenant gives the appropriate notice and where a tenant has not done so, it can only be ended by a court.

A tenant over-staying past the final date on a Section 21 NOTICE is a possible and costly inconvenience to the landlord but it's a normal business-risk. All property-owners who receive rent from them are running a business whether it was previously their own home or if they only break even once they've paid income-tax on the rent received, it's still a business.

slithytove · 30/04/2014 14:39

www.gov.uk/private-renting-tenancy-agreements/your-landlord-wants-to-end-your-tenancy

So actually, that is a legal way for the landlord to end a tenancy.

slithytove · 30/04/2014 14:41

So the tenancy can legally be ended by a landlord. It's the courts who then give permission to evict/a possession order if the tenant is a cunt.

caitlin is correct

slithytove · 30/04/2014 14:43

And if the cow described in the OP goes into arrears, the LL has an even stronger case.

beyondraisinabledoubt · 30/04/2014 15:53

caitlin17 has it on the button. I am a lawyer btw and have taken and won this kind of case.

Joysmum · 30/04/2014 16:16

I read this that the LL sold his own home and so will be homeless if she doesn't move out.

Given what's been written about her original assertion not to pay the rent owed after the section 21 date, even if he didn't need to live in the property himself in that date it wouldn't surprise me if the LL's spidey senses are going and he is reacting to her being a cunt by not being flexible.

If she were to pay the rent, and on time so no penalties came into force, by the time the LL could get a possession order she'd be out anyway. The only comeback the LL would then have is to be scrupulous in the inspection and processing of the inventory to ensure he could get everything he was entitled to from the deposite and that he took as long as he was reasonably allowed to so that any return of deposit due would come within reasonable time, but not as quickly as it might have done.

Caitlin17 · 30/04/2014 16:56

Bitter you are talking nonsense. Either party has the right to end the tenancy if they give appropriate notice. Your are confusing ending the tenancy with lawful eviction.

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