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Ultimatum - Notice to Quit following house (HMO) sale by new owner - Legal Challenge to allow more time to find alternative accomadation

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50 views 1 replies latest reply: 16 November 2016
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Tenant

Hello – On 07/11/16 the HMO we live in was sold, and the new owner issued the 6 tenants with a notice to vacate by 08/12/16, on the pretext of completely refurbishing the house 2 weeks before Xmas, despite a tenancy agreement issued by the previous owner valid until 30/06/2017 securing our status…..or so we thought until we re-examined our tenancy agreement which allows for termination of the tenancy should any refurbishment be neccessary.

Collectively we approached the local council housing dept to seek advise, in which they mentioned  section 21 / seeking possesion / enforcement – who suggested that we do NOT leave!… The new owner has informed us that the power / gas / water will be turned off from 08/12/16 which we feel is intimidation – coercion. Can he do this?…. despite us being willing and able to pay our monthly rents when they become due, we do not have an address for our new landlord on our notices to quit despite having a contact number, and feel, we have no means of directing our rent payments to an account and feel that the abscence of the address on the notice to quit maybe used as pretext to avoid due process under section 21 through claiming that we have withheld or not paid our rents despite being willing but unable direct the monies to an account or address of his…. Please advise on our legal position in challenging this notice to quit so that we can secure a bit more time to find alternative accomadation – Thanks

(ps. In our notice to quit the new landlord states “please do not hesitate to contact me if you have any questions” but we collectively feel from his threat of switching off the power / water / electric and his adamant intention to proceed with his refurbishment before Xmas that any communication with him to obtain his address and or account details for payment  will indicate our non-compliance with the notice quit and will alert him to our collective intention / determination to delay our departure under section 21 due process)

Hope you can help – Thanks Again!

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Tenant

Your existing fixed term is valid until the date which was originally agreed. A property purchase / change of landlords must respect all active contracts inherited from the previous owner. 
Second, the Section 21 notice is invalid as it gives you just one month of time to leave and no address of your real landlord. AND you’re still in your fixed term. 
Third, you have right to request and receive an address which to use for communicating with your landlord. The law demands your landlord to provide one, including details of how the rent is about to be paid. 
Finally, threats to shut off the power and water are clear harassment and attempt to coerce you into illegal eviction. 
We’re not lawyers at The Tenants’ Voice, so not possible to give you advice on your legal position. However, I advise you to be firm in your stance and make sure to not allow the landlord to intimidate you. If possible, contact a solicitor and draft an example harassment and illegal eviction claim for the courts. Don’t file it in, but use it to fend off the landlord until the fixed term ends. 
Then I advise you to look into finding another property. 
Here is more information for you:
http://www.thetenantsvoice.co.uk/advice_from_us/section-21-notice-to-quit/
http://www.thetenantsvoice.co.uk/advice_from_us/illegal-eviction-and-harassment/
http://www.thetenantsvoice.co.uk/your_home/landlord-selling-property/

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