Termination notice query

Odyssey06 because of the new rules the landlord has no choice but to renovate. The landlord hasn't being getting money for years above market rate, the tenant has been saving money for years paying below market rent and when faced with an increase that is still below market rate they throw all their toys out of the pram.

I am a landlord and for many years up until last year was also a tenant who was also paying below market rate by about 25 % for the last two years. I knew an increase was coming and wouldn't have begrudged my landlord if they had of asked. As it happened I moved out before I was asked to pay more.

Maybe an apology is too much to expect, but it would go along way to thawing the relationship as I suspect the landlord is at least equally as annoyed as the OP is / was. People apologise everyday in the business world, it doesn't have to be cring worthy, just given when needed.
 
Learner2015 said:
Odyssey06 because of the new rules the landlord has no choice but to renovate. The landlord hasn't being getting money for years above market rate, the tenant has been saving money for years paying below market rent and when faced with an increase that is still below market rate they throw all their toys out of the pram...
Maybe an apology is too much to expect, but it would go along way to thawing the relationship as I suspect the landlord is at least equally as annoyed as the OP is / was. People apologise everyday in the business world, it doesn't have to be cring worthy, just given when needed.
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I'm not disagreeing with the general thrust of this approach, but I don't think language like "throw all their toys out of the pram" does anything to engender reasonableness... In contrast, using reasonable language phrases like "thawing the relationship" makes all the difference.

I still think an apology is a bridge too far... If I went into a restaurant that for years had been running an early bird discount but stopped now that trade had picked up, I don't think an apology would be necessary before enquiring about a neighbourhood deal or loyalty club etc
 
Odyssey06, the whole pram thing was just to illustrate that I do think the OP is being a bit childish about the whole thing but point taken.

Either way I do hope the OP sorts out the situation in a way that everyone is comfortable with.
 
Going forward:

Option 1 Live in current property @ 90% market rate

Option 2 Find new accommodation @ full market rent.

If still able you may negotiate a reduction with current landlord rather than then having to forgo 6 months rent to "renovate".
As you have been there so long I assume that you are happy both with the property and the location.

If moving you will have considerable inconvenience and expense.
You may not find it so easy to locate a suitable property in present market.

Pursuing a dispute may offer little tangible benefit.


Best of luck in your predicament.
 
Thank you all for your input. I just noticed that he has given me 150 days notice as we've been renting here just shy of 6 years.
However, next month we will have been here 6 years so does that mean he should have given us 168 days notice by any chance?
Therefore is the notice invalid?

Also to add insult to injury, he's going ahead with the 4% increase due next month (first increase in 2 years) so we'll be paying extra for the remainder of our time here. :mad::mad::mad:
 
Palerider said:
You have good advice from Kerry Gooner Clairebear, what do you think about it ?
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I broached it with him but he said there's nothing to stop us raising a dispute further down the line and he doesn't want to risk that.
The relationship is a bit frosty to say the least which is a pity as up until now we had an excellent relationship.
Is there any way I can assuage his concerns that I will appeal in the future apart from giving him my word, which isn't enough for him.

Also, is he allowed to review the rent during the notice of termination?
 
but he said there's nothing to stop us raising a dispute further down the line and he doesn't want to risk that.
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I'd be thinking exactly the same thing.

The relationship is a bit frosty to say the least which is a pity as up until now we had an excellent relationship.
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Lesson learned I trust.

Is there any way I can assuage his concerns that I will appeal in the future apart from giving him my word, which isn't enough for him.
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Nope.

And yes the 4% increase can be applied from now; being under notice of termination doesn't stop the permitted increase.
 
clairebear said:
Thank you all for your input. I just noticed that he has given me 150 days notice as we've been renting here just shy of 6 years.
However, next month we will have been here 6 years so does that mean he should have given us 168 days notice by any chance?
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No.

The requisite notice period for a tenancy that is 5 years or longer but less than 6 years is 20 weeks (140 days). The first day of a period of notice is the day after service.
clairebear said:
Also, is he allowed to review the rent during the notice of termination?
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Yes - subject to the other provisions in the legislation regarding the frequency of rent reviews.
 
Speak with him, lean into the very good history between you and that you simply got frightened and reacted poorly. When you thought it through you realise it was an over the top reaction and that he has been nothing but very fair to you over the years. Ask if he would reconsider given the good relationship you previously enjoyed, good tenants are valued by owners who just want a quiet tenant. I get his reluctance but this is not insurmountable, if you want to stay there you will find a way to work this out.
 
He's sticking to his guns and wants us out. I've had a look around and can't afford anything else in the area. I've read some posts in this forum about tenants ignoring termination orders - some even stopped paying rent and stayed on in the property for up to 4 years! I'm not saying I won't pay the rent but if I genuinely have no where else to go and don't move out on the notice date what realistically can happen. This isn't what I want but I have no choice now.
 
what realistically can happen
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Your landlord will get an eviction order; if they have sense (and it sounds like they do), they will have everything lined up ready to go in case you try to pull a stunt as you've just described. You need to find somewhere to live, don't waste your time and energy.
 
Move on and move out but take your lesson from this experience, believe it or not landlords had a rough time just a few years ago with reduced rents and low single digit yields if any. They will want to recover lost income, nothing wrong with that, they now have their pick of quality tenants.

Creating a fuss will get you nowhere.
 
There is no way he's going to move in for six months.

- No rent for six months
- Moving house
- Changing his own principal private residence
- Paying for major renovations

He's going to do a very quick freshen up and let it again immediately.

OP should

A) challenge the notice of termination (not long enough)
B) inform the PRTB that the landlord intends to move in to evict her
C) state he's not dong major renovations

I know the law re rents is crazy but that has nothing to do with the advice the op is getting. OP should know I'm a landlord.
 
On points 1 and 2, we've already established that claim won't succeed. It doesn't have to be owner who moves in it can be family member.

Re point 3, how does tenant know this? Landlord can (and its what I would do) provide estimates/drawings etc showing what the planned renovations are.

Time & energy would be better spent finding some where to live.
 
With respect Bronte, you obviously haven't been following the thread very carefully.
Bronte said:
OP should

A) challenge the notice of termination (not long enough)
B) inform the PRTB that the landlord intends to move in to evict her
C) state he's not dong major renovations
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A) As Thirsty says, we have already established that the notice period is sufficiently long;

B) We have been told that the landlord has sworn a Statutory Declaration to the effect that he requires the property for his own/a family member's use. That is a valid ground for terminating a tenancy and there is no obligation for the landlord/his family member to treat the property as his/her PPR as suggested; and

C) Even if true, this is not relevant to the validity or otherwise of the notice of termination. The landlord is not terminating the tenancy on the "substantial renovations" ground.
 
In the circumstances outlined by the OP I think they should test the notice period to show the landlord they mean business.

There is no way the owner is moving in. It's a nonsense.

And I very much doubt there are major renovations either.
 
Bronte said:
In the circumstances outlined by the OP I think they should test the notice period to show the landlord they mean business.
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Complete waste of time and energy.
Bronte said:
There is no way the owner is moving in. It's a nonsense.
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Not relevant to the validity of the termination notice.

Again, the landlord doesn't have to move into the property - he has already sworn a Statutory Declaration to the effect that he or a family member requires the property for his/her own use. That is a sufficient ground for terminating the tenancy.
Bronte said:
And I very much doubt there are major renovations either.
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Again, completely irrelevant to the validity of the notice of termination.
 
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