Landlord asked us to leave - Claims to be moving in.

Graham · 03-11-2017 1:51pm

Mod Note: wirelessdude01/direstraits take it to PM.

gambler12 · 03-11-2017 2:49pm

Going back to my original post, on checking the RTB website it seems that my landlord has not registered my tenancy. There's no sign of my address on the list.
I always assumed that he had registered it.
So how does this affect his notice for me to move out so that he can move in now??

Claw Hammer · 03-11-2017 2:51pm

gambler12 wrote: »

Going back to my original post, on checking the RTB website it seems that my landlord has not registered my tenancy. There's no sign of my address on the list.
I always assumed that he had registered it.
So how does this affect his notice for me to move out so that he can move in now??

The landlord cannot profit by not registering. He stil has to give a valid notice. There is an srgument to be made that an unregistered landlord cannot give a valid notice. The landlord can't open a dispute for overholding until he is registered. The tenant can always open a dispute.

davo10 · 03-11-2017 2:54pm

Claw Hammer wrote: »

I have simply said it is arguable. Without the exact words spoken it is impossible to say how it would fall. If the o/p won on it, it would get him out of a lot of trouble.

I don't think you understand the difference between and invalid rent review and an invalid termination.

If a termination is invalid, the LL simply writes a new one with correct details and tenancy is terminated at the end of the notice period.

The only way a dispute could arise in the ops case is if the LL acted on that verbal "notice" but by the ops own admission, this is not the case. The LL will not act to terminate the tenancy until the written notice has been forwarded to the op. The op has mentioned absolutely nothing about being evicted or a timescale, so as of now, there is no notice of termination. As others have said, it's nonsense like this that causes delays in genuine disputes being heard, you should be charged for making vexatious claims like this, the RTB and LL should be paid for the waste of time dealing with it.

Claw Hammer · 03-11-2017 3:11pm

davo10 wrote: »

you should be charged for making vexatious claims like this, the RTB and LL should be paid for the waste of time dealing with it.

Charged with what offence? You are making up offences to suit you.
A tenancy can't be terminated whist there is a dispute ongoing. The whole object in disputes by an incumbent tenant is to remain in occupation.You are mistaking tactics for substance.

....... · 03-11-2017 3:14pm

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03-11-2017 3:31pm

direstraits wrote: »

Yes they do, not being able to access the living room and paying 350.00 a month is great deal

350 x 6 = 2,100e way above the market rate, currently the area is in a RPZ and rents are 1,500 average.

Its an awful lot less than they would be paying for a shared room in official college accommodation and many of them have nothing more than a token living room which is really just the kitchen. They are also only renting for approx 9 months of the year so you need to take that into account on the rent cost as a LL will always charge more in a situation where his property will mostly likely be empty for 3 months aside from maybe an odd summer student etc. 2100 x 9 months is pretty close to 1500 x 12 months.

Graham · 03-11-2017 3:58pm

Mod Note: off-topic posts moved to separate thread.

Claw Hammer · 03-11-2017 4:15pm

....... wrote: »

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So you admit there is no offence? You also think landlords can tell lies and it is alright?

....... · 03-11-2017 4:22pm

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Claw Hammer · 03-11-2017 4:25pm

....... wrote: »

This post has been deleted.

The poster said I should be charged, not that there should be a way of charging me. You are the one making things up. The Landlord is telling lies to the o/p but if the o/p goes to the RTB he should be charged. That sums up your attitude.

....... · 03-11-2017 4:35pm

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03-11-2017 4:49pm

Claw Hammer wrote: »

The poster said I should be charged, not that there should be a way of charging me. You are the one making things up. The Landlord is telling lies to the o/p but if the o/p goes to the RTB he should be charged. That sums up your attitude.

People (including the op) are assuming the LL is lying, there is absolutely no evidence of this. The owner moving back into the property is a common occurance nowadays but some people immediately assume it's not true.

This is serperate to the argument about the notice, this has nothing to do with whether the LL is or is not moving in himself even if the LL doesn't move in the op still has to move out when his notice is up. There can then of course be action taken after he moves out if the LL does not move in.

As for going to the RTB because claiming he was served an invalid notice becuuse the LL gave him a heads up, this should definitely result in a heavy time and an expediated termination of the tenancy as it's nothing more than vexation with the aim of causing hassle. A heads up is a heads up not a notice, if you can't understand that then I'm not sure there is anything people can do to help you understand.

Claw Hammer · 03-11-2017 4:51pm

....... wrote: »

This post has been deleted.

Throwing insults is no way to conduct an argument. The o/p says he doesn't trust or believe the Landlord. That is evidence of the Landlord telling lies. Tenants have every right to go to the RTB. Some tenants have won cases in the High Court after the RTB ruled against them. Many people have been right even though the high horse brigade thought they were talking nonsense.

pilly · 03-11-2017 4:55pm

Claw Hammer wrote: »

Throwing insults is no way to conduct an argument. The o/p says he doesn't trust or believe the Landlord. That is evidence of the Landlord telling lies. Tenants have every right to go to the RTB. Some tenants have won cases in the High Court after the RTB ruled against them. Many people have been right even though the high horse brigade thought they were talking nonsense.

I don't believe your posts are true, is that evidence that you're liar?

Bizarre is the only way to describe your logic.

El Weirdo · 03-11-2017 5:11pm

Claw Hammer wrote: »

Throwing insults is no way to conduct an argument.

Where are the insults in the post you quoted?

Claw Hammer wrote: »

The o/p says he doesn't trust or believe the Landlord. That is evidence of the Landlord telling lies.

Ah now, come on. Really?

....... · 03-11-2017 5:24pm

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gambler12 · 03-11-2017 9:42pm

Holy God, that escalated quickly!

Just to clarify again, I have no problem with the landlord giving me a heads up on the intention to serve notice, and am happy to wait for the official notice to come through the post. It never even crossed my mind to go to the RTB to argue that the heads up counts as an invalid notice.

Also, as someone else pointed out, no I do not know for certain that the landlord is lying when he says he intends to move into my flat.
But knowing his current living arrangements, other property he has etc as I do, I'm as sure as I can be that this doesn't add up!

Going back to an earlier point that was made, so because the landlord has not registered the tenancy, even if the official notice meets all the requirements, I can still claim it to be an invalid notice due to the fact that he has not registered the tenancy with the RTB?
Can anyone confirm this?

Graham · 03-11-2017 9:51pm

gambler12 wrote: »

Going back to an earlier point that was made, so because the landlord has not registered the tenancy, even if the official notice meets all the requirements, I can still claim it to be an invalid notice due to the fact that he has not registered the tenancy with the RTB?
Can anyone confirm this?

No

Mod Note: thread locked. OP you need professional legal advice if you’re thinking of going down that road.

Landlord asked us to leave - Claims to be moving in.

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