The two clauses I plan to exercise are:
1. The sub-let conditions clause. He is supposed to only sub-let after our consent which he did not obtain. Plus he has gone over the top in the number of people living in the house. The legitimacy of some living in the house is questionable regarding their immigrations status.
2. Condition of inside of the house and furnishings. I am going to argue that he has let the condition of these deteriorate over and beyond normal wear and tear.
This is challenging to qualify, but my argument would be that the sheer fact that he has so many people in the house he has not exercised proper care and attention to cleanliness and hygiene of common areas like the bathroom, toilet, kitchen areas and hallways.
From health and safety point of view he has too many people in a 3-bedroom house.
I have to be careful as I don't want to open myself up for any issues with the local council as the owner of the house. If someone was to complain to the council on the number of people living in the house it would surely be an issue.
That would be difficult to ascertain as we don't have any "before" and "after" pics to show the condition of the house. Its not hard evidence except that the place is much worse case than it was when it was given at the beginning of the tenancy.
Yes. That is for sure. I am not sure how many. But he is subletting and as per the agreement he never sought approval.
So if we serve him a two month notice, (his minimum 6 month term for such a notice will be up at the end of July), that will take us to the Mid-August.
So my question is still whether we serve him notice based on Section 8 or 21 or doesn't that matter, using the lack of consent for the sub-lets.
OK. I will review when I get back. I am going to buy a standard Notice form and serve it to him as a formality with the info/advice you provide. Thank You.
I think that you have given me the answer I need. The S21 is the way to go to avoid debate over cause. The damage and deterioration will be what it is. I wouldn't expect much in compensation so am not bothered by this,
This is excellent service. Thank You very much.
What would it cost if I ask you draw up an S21 notice, with an accompanying sternly worded letter.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).