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Thomas
Thomas, Solicitor
Category: UK Immigration Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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Hi,I have a fixed term (12 months) tenancy agreement with

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Hi, I have a fixed term (12 months) tenancy agreement with my landlord, and he just gave me a 2 month notice on the basis of ground 1 of the Housing Act. Him and his wife, that are currently getting divorced have another property that they lived in together till recently, but he moved out to a rented flat some time ago. Now apparently his landlord gave him notice and he wants to move back to the flat I rent from him. Apparently the law allows it if it's his only place to live? Can I do something about it? I really want to stay there till the contract runs out, which is March 2013.


I can provide a PDF copy of the tenancy agreement we have.

Hi,

Did he give you notice before the tenancy started that possession might be recovered under Ground 1 during the term of the tenancy, or is the notice you have now received the first you have heard about it?

Tom
Customer: replied 4 years ago.

Just to add - can I drag him through the court if necessary to postpone the moving out date a bit?

Hi,

I can't see that you actually answered my info request:-

Did he give you notice before the tenancy started that possession might be recovered under Ground 1 during the term of the tenancy, or is the notice you have now received the first you have heard about it?


Tom
Customer: replied 4 years ago.

Tom,


 


yes my tenancy agreement says that it could happen. This is the piece of text that I copied in my previous response.


 


Would it help if I send over the tenancy agreement we signed?

Hi

Thanks for your patience.

I’m afraid that if the provision entitling the landlord to recover on Ground 1 was included in the original tenancy agreement then you will be taken to have received notice that the landlord could recover under Ground 1.

Therefore, if the landlord has validly served you a ground 1 notice and the notice period in the notice is two months then they will be able to apply for an order for possession.

Once they have applied for the order for possession you will receive notice of proceedings from the Court. Ground 1 is a mandatory ground which means that the court must grant an order for possession if the notice is validly served. They only way you could oppose the order is if you contend that the notice is not validly served.

Once he has applied for possession you will receive notice perhaps a week or two after the court has received his application. If you dispute notice a hearing will be schedule which will be a further three-four weeks.

Once an order is made (whether or not you dispute notice) the order for possession should state that you have a certain number of days to vacate, this is usually about three-four weeks, so it’s not simply the case that you will have to leave once the notice expires However, if it does go to hearing then the landlord can attempt to claim his costs so you should take this in to account.

Sorry it could not be better news.

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Kind regards,


Tom
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Customer: replied 4 years ago.

Thanks for explaining this Tom, I was hoping for better news though ;)


 


Could you please explain how (if?) the fact that he actually owns another house with his (soon to be divorced) wife impacts this case?


Could I argue that he indeed has another house that he could stay in, it's just for his own convenience that he wants to evict me? He could very well rent another flat till my contract runs out and move in next year.


 


What kind of cost could he claim in front of the court? Are we talking me covering his rent or lawyer fees?


 


Bartek

Bartek,

The requirement is that he must show that he requires the flat as his principal home. If he can show the eviction notice that he has received for his current flat and an agreement with his wife that he should not live at their property then he will meet this requirement I'm afraid.

He would be able to claim his legal fees (so, lawyers fees if he instructs them), court fees and the rent that you pay in your flat up until the date you physically leave the property.

Please remember to rate my answer.

Tom
Customer: replied 4 years ago.

Tom,


 


last one - could you please clarify what do you mean by "the rent that you pay in your flat up until the date you physically leave the property".


Does that mean he can claim that I pay the usual rent PLUS the rent that he might need to pay somewhere else due to the fact that I'm refusing to make this flat available to him?


 


How much (circa about) are the court fees? Are we talking £100-200, couple hundred or over £1000?


 


 


Bartek

Hi,

It means he can ask you to continue to pay the monthly rent that you already pay to him right up until you physically leave the property.

I should think the rent on HIS flat would be too remote for him to claim against you.

Court fee around £100, lawyers fees (if any) about 200-300.

Please rate my answer now.

TOm
Customer: replied 4 years ago.

Well I wasn't planning to stop paying, all I want is to stay in the flat till the contract runs out and keep paying on time as I always have.


Looks like going through the court might be a good option, these fees don't look too bad.


 


Would you be able (willing) to assist in court when it comes to this?


 


Bartek

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