Tag Archive: Urban Myths

Urban Myth – a tenant who stays in a property a long time gets special rights

Urban Myth

Tenant rights I sometimes get contacted by landlords in a panic.  “My tenant will have been in the property for three years next month – should I evict her to prevent her having the right to buy me out?” Or sometimes its the tenants, thinking that they are entitled to claim ownership or charge their…

Urban Myth – when a landlord lets a property, its still his

Urban Myth

As discussed by Ben in his post on harassment, many landlords are outraged when a TRO tells them their conduct is illegal.  “Its my house isn’t it, so why can’t I go in when I like?” is a common response.  But what they don’t realise is that it isn’t their house any more. We have…

Urban Myth – you can only serve a section 21 notice on tenants who are in rent arrears

Urban Myth

Landlord s21 notices – are rent arrears necessary? I am prompted to write this Urban Myth post as it seems, from reading comments on the internet, that Ms Butler, the landlord in a tent, may have given this as the reason why she was couldn’t serve a section 21 notice on her tenant. Irrespective of…

Urban Myth – you can’t serve a section 21 notice during the fixed term

Urban Myth

Section 21 notices I’m not quite sure where this urban myth comes from, but I have heard it from quite a few people. Section 21, you will remember, is the section of the Housing Act 1988 which says that if you serve a notice on your tenant, giving all the proper information (as set out…

Urban Myth – you can’t have a proper tenancy without a written agreement

Urban Myth

This is an urban myth which perhaps should be real but isn’t. Unfortunately you can have a proper legal tenancy without there being any paperwork at all. They are sometimes called oral tenancies. Oral tenancies An oral tenancy is where the tenant just goes in on a verbal agreement and a handshake (and sometimes not…

Urban Myth – you don’t need to get a possession order if you use an abandonment notice

Urban Myth

When I started acting for landlords I had never heard of abandonment notices. I suspect that most lawyers reading this won’t have heard of them either. So far as I am aware, they are not mentioned in any of the law books. However they are a well known tactic among landlords and letting agents. What…

Urban Myth – You have GOT to evict a tenant once the s21 notice expires

Urban Myth

This post is part of my urban myths series. You can see the rest of the series >> here. I often get asked by landlords about how long a section 21 notice lasts. Questions include: Can I let the tenant stay on after the end of the notice period? If I allow the tenant to…