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    • tc1992
    • By tc1992 11th Oct 17, 3:57 PM
    • 120Posts
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    tc1992
    Can anyone confirm how long i have before my landlord evcits me (she's selling)
    • #1
    • 11th Oct 17, 3:57 PM
    Can anyone confirm how long i have before my landlord evcits me (she's selling) 11th Oct 17 at 3:57 PM
    Hello

    My landlord's agents phone me on monday to tell me that they are selling. I am currently on a 12 month contract. The payment for the very last month of the contract went through yesterday.

    Since i have not been served formal notice does that mean I have the rest of this (contract) month and then 2 month more. I believe that legally you need to give 2 months. There is no time stated in my contract, it just says that "he shall serve any notice(s) with the provisions of the Housing Acts"

    So if that is the case i have effectively 3 months more here, have i got this right?
Page 2
    • Mrs pbradley936
    • By Mrs pbradley936 11th Oct 17, 7:28 PM
    • 12,618 Posts
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    Mrs pbradley936
    I read that it rolls over to periodic when the contract ends.
    Originally posted by Alter ego
    I think that is true unless you are informed to the contrary, as it is I would think that if your term is fixed from the outset then that may not be the case.
    • Alter ego
    • By Alter ego 11th Oct 17, 7:35 PM
    • 2,108 Posts
    • 2,021 Thanks
    Alter ego
    I think that is true unless you are informed to the contrary, as it is I would think that if your term is fixed from the outset then that may not be the case.
    Originally posted by Mrs pbradley936
    There is no "unless," it rolls over- end of.
    Ignore me if you like, it's not the real me anyway.
    • LEJC
    • By LEJC 11th Oct 17, 7:46 PM
    • 9,214 Posts
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    LEJC
    Alter ego...I think I get what mrs bradley is trying to say...and it might have been what I was implying earlier also...

    As the tenancy has not yet come to an end...the OP has the right to leave on the last day of the tenancy...otherwise yes if they stay it automatically becomes rolling.

    Perhaps we just arn't reading echothers comments in the way they were intended....
    I'm not out to challenge you..sometimes the spoken word flows easier than the written one!
    frugal October...£37.39 of £40 food shopping spend for the 2 of us!

    2017 toiletries challenge 141 out 118 in ...£14.92 spend
    • Mrs pbradley936
    • By Mrs pbradley936 11th Oct 17, 8:06 PM
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    Mrs pbradley936
    There is no "unless," it rolls over- end of.
    Originally posted by Alter ego
    Yes it has changed- it used to be routine to give a Section 21 at the same time as a fixed term. Now you have to do it least 4 months into the tenancy.
    • tc1992
    • By tc1992 11th Oct 17, 11:36 PM
    • 120 Posts
    • 17 Thanks
    tc1992
    Hi Thrugelmir and LEJC, thankyou. You've judged as it seems be. i am on good terms with my current LL i'll keep talking to them. If there are no spanner in the works i think i can get out of here before they really do want it back. Big "if" though. I'm in a chain of just one, and the people i am buying from have found a property (ie with no further chain up) and had their offer accepted
    • tc1992
    • By tc1992 11th Oct 17, 11:57 PM
    • 120 Posts
    • 17 Thanks
    tc1992
    LEJC - do you think if i have the right to leave at the end of the tenancy, then they have the right to ask me to leave at the end of the tenancy. I'm still not sure whether this 12 month contract i am on is really an extension of the original 6 month tenancy, or effectively a completely new separate tenancy . . meaning that they could throw me out on the 11 November - which of course is the worry. I originally signed a 6 month contact and have had 3 x 12 month contracts since.
    • Crashy Time
    • By Crashy Time 12th Oct 17, 12:59 AM
    • 5,013 Posts
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    Crashy Time
    https://www.todaysconveyancer.co.uk/news/more-1-in-4-house-sales-fall-through/
    • Rambosmum
    • By Rambosmum 12th Oct 17, 8:13 AM
    • 1,478 Posts
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    Rambosmum
    OP - stay put and don't worry until you are served notice. Only you or the court can end your tenancy.


    Your Landlord would need to serve you 2 months notice, then get a warrant from court, then appoint bailiffs to force you to move out.


    You Landlord is unlikely to want a void period and so will likely only serve notice once he's received an acceptable offer on the property.
    • chappers
    • By chappers 12th Oct 17, 8:30 AM
    • 2,718 Posts
    • 1,538 Thanks
    chappers
    Can anyone confirm how long i have before my landlord evcits me.

    76 days 14hrs 12mins 64 secs
    • Alter ego
    • By Alter ego 12th Oct 17, 8:34 AM
    • 2,108 Posts
    • 2,021 Thanks
    Alter ego
    Yes it has changed- it used to be routine to give a Section 21 at the same time as a fixed term. Now you have to do it least 4 months into the tenancy.
    Originally posted by Mrs pbradley936
    Yes I know, S21 makes no difference though. It's a notice of intention to apply to the court (as I understand it)
    Ignore me if you like, it's not the real me anyway.
    • Mrs pbradley936
    • By Mrs pbradley936 12th Oct 17, 8:38 AM
    • 12,618 Posts
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    Mrs pbradley936
    LEJC - do you think if i have the right to leave at the end of the tenancy, then they have the right to ask me to leave at the end of the tenancy. I'm still not sure whether this 12 month contract i am on is really an extension of the original 6 month tenancy, or effectively a completely new separate tenancy . . meaning that they could throw me out on the 11 November - which of course is the worry. I originally signed a 6 month contact and have had 3 x 12 month contracts since.
    Originally posted by tc1992
    They still have to send you formal Notice. That is why my previous post was misleading because at one time with a fixed term (if they had no intention of letting it become rolling) you would have been given that Notice along with all the other paper work and signed for it etc. The don't do it like that any more (since October 2015).
    • SerialRenter
    • By SerialRenter 12th Oct 17, 8:45 AM
    • 574 Posts
    • 584 Thanks
    SerialRenter
    No, you cannot be kicked out on the last day of the 12 month contract.

    The tenancy can only be ended in the following ways:
    A) You leave at the end of the contract.
    B) You serve 1 months notice once you're in the periodic tenancy, aligned with the tenency period.
    C) The landlord and you mutually agree to end the tenancy.
    D) The landlord goes to court to regain possession after having served notice.

    Your contract will automatically become a statutory periodic tenancy once the contract gets to the end of its period, unless the contract says otherwise. (then it would be known as a contractual periodic tenancy.)
    *Assuming you're in England or Wales.
    • saajan_12
    • By saajan_12 12th Oct 17, 9:02 AM
    • 848 Posts
    • 557 Thanks
    saajan_12
    LEJC - do you think if i have the right to leave at the end of the tenancy, then they have the right to ask me to leave at the end of the tenancy. I'm still not sure whether this 12 month contract i am on is really an extension of the original 6 month tenancy, or effectively a completely new separate tenancy . . meaning that they could throw me out on the 11 November - which of course is the worry. I originally signed a 6 month contact and have had 3 x 12 month contracts since.
    Originally posted by tc1992
    It would likely be the same tenancy as you have maintained occupation but a new 12 month fixed term. It's not symmetrical:

    **you can choose to leave by the end of the current fixed term without notice

    **LL can't evict you so if you stay beyond the fixed term you'll automatically have a periodic tenancy (CPT or SPT). As 6 months from the start of your tenancy have elapsed, assuming the LL has met all the other conditions, the LL can:

    - serve section 21 notice of intention to apply for a possession order [2 months]
    - get possession order from court, which it will grant unless you show the 21 notice was invalid) [2 weeks - 2 months]
    - wait for possession order to expire (you may be able to request a particualr time frame if it is reasonable e.g. wait a few more days as you'll complete on your purchase. Not guaranteed though) [2 weeks - 2 months]
    - get a warrant for bailiffs [2 weeks - 2 months]
    - bailiffs evict [1 day]

    As you can see there can be lots of variation between different courts, but from today it could be 2 months -
    8 months
    . If however the section 21 notice is invalid (theres a long checklist of potential reasons then the whole process starts again so you'll have longer.
    • theartfullodger
    • By theartfullodger 12th Oct 17, 9:40 AM
    • 8,975 Posts
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    theartfullodger
    The government published figures on how long it takes if Tenant waits for bailiffs are 40+ weeks
    • Comms69
    • By Comms69 12th Oct 17, 10:10 AM
    • 486 Posts
    • 358 Thanks
    Comms69
    LEJC - do you think if i have the right to leave at the end of the tenancy, then they have the right to ask me to leave at the end of the tenancy. I'm still not sure whether this 12 month contract i am on is really an extension of the original 6 month tenancy, or effectively a completely new separate tenancy . . meaning that they could throw me out on the 11 November - which of course is the worry. I originally signed a 6 month contact and have had 3 x 12 month contracts since.
    Originally posted by tc1992
    They can 'ask' you to wear a pink tutu, they cannot force you to leave at the end of the fixed term.


    They CANNOT throw you out on Nov 11, end of. literally that would be a criminal offence
    • G_M
    • By G_M 12th Oct 17, 10:21 AM
    • 41,471 Posts
    • 47,850 Thanks
    G_M
    Good grief! What a lot of conflicting informtion! Poor OP - how will you know which posters above are talking rubbish (some of them!), and which are giving accurate advice?

    The tenancy does not end if the LL changes.

    The LL cannot evict except by first serving a S21 (or S8 if applicable) Notice, and then applying to court.

    For fuller details, read:

    * Ending/renewing an AST: what happens when a fixed term ends? How can a LL or tenant end a tenancy? What is a periodic tenancy?
    • tc1992
    • By tc1992 12th Oct 17, 10:43 AM
    • 120 Posts
    • 17 Thanks
    tc1992
    No, you cannot be kicked out on the last day of the 12 month contract.

    The tenancy can only be ended in the following ways:
    A) You leave at the end of the contract.
    B) You serve 1 months notice once you're in the periodic tenancy, aligned with the tenency period.
    C) The landlord and you mutually agree to end the tenancy.
    D) The landlord goes to court to regain possession after having served notice.

    Your contract will automatically become a statutory periodic tenancy once the contract gets to the end of its period, unless the contract says otherwise. (then it would be known as a contractual periodic tenancy.)
    Originally posted by SerialRenter

    or E) they serve me the 2 months notice?

    and if these are all the cases, i should be ok till January 11th
    • theartfullodger
    • By theartfullodger 12th Oct 17, 10:47 AM
    • 8,975 Posts
    • 11,856 Thanks
    theartfullodger
    You'll be safe probably for 40+ weeks.

    Just because a place is sold does not end tenancy nor require Tenant to leave. New owner simply becomes new Landlord:. Even if outside with huge removal van, 3 bonkers kids and a screaming hubbie.
    • tc1992
    • By tc1992 12th Oct 17, 10:47 AM
    • 120 Posts
    • 17 Thanks
    tc1992
    It would likely be the same tenancy as you have maintained occupation but a new 12 month fixed term. It's not symmetrical:

    **you can choose to leave by the end of the current fixed term without notice

    **LL can't evict you so if you stay beyond the fixed term you'll automatically have a periodic tenancy (CPT or SPT). As 6 months from the start of your tenancy have elapsed, assuming the LL has met all the other conditions, the LL can:

    - serve section 21 notice of intention to apply for a possession order [2 months]
    - get possession order from court, which it will grant unless you show the 21 notice was invalid) [2 weeks - 2 months]
    - wait for possession order to expire (you may be able to request a particualr time frame if it is reasonable e.g. wait a few more days as you'll complete on your purchase. Not guaranteed though) [2 weeks - 2 months]
    - get a warrant for bailiffs [2 weeks - 2 months]
    - bailiffs evict [1 day]

    As you can see there can be lots of variation between different courts, but from today it could be 2 months -
    8 months
    . If however the section 21 notice is invalid (theres a long checklist of potential reasons then the whole process starts again so you'll have longer.
    Originally posted by saajan_12

    thankyou . . so it's looks like i have the 3 months (or longer if i want to decide to "stay put" but i really want to avoid that route). As i said, i have a good relationship with them, but business is business so if they decided to make a tough move me on for whatever reason (which i think is unlikely - more likely that they will try and help me out), just need to know where i stand. I think best thing to do is talk direct with them

    Thankyou all for contributions, even if i have not replied directly
    • Comms69
    • By Comms69 12th Oct 17, 10:48 AM
    • 486 Posts
    • 358 Thanks
    Comms69
    or E) they serve me the 2 months notice?

    and if these are all the cases, i should be ok till January 11th
    Originally posted by tc1992


    No, notice DOES NOT end a tenancy!
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