Being Asked to Vacate - Need Help (Tenancy Agreement Attached)

Haushinka

Hello,

Me and my boyfriend are in a bit of a sticky situation.

We moved in to this place this place in June of this year. As far as I'm aware, we where on a short term lease of 3 months - or we could break the clause after 3 months. Although it isn't stated on the contract.

We lived with a bulgarian couple (who are the lease holders, not the landlord) and a brazilian guy. The lease holders handed us a tenancy agreement, which I've attached.

The couple went back to Bulgaria about 6 weeks ago, and their room was vacant for a month. The girl who lived in our now room before we moved in, then moved back into the couples old room 2 weeks ago.

Then 2 days ago, the young girl who had come back two weeks ago told us that the other couple have now got plans to come back. Originally they had no plans to come back because they just plainly hate England. One of them has been offered a well paid job here, and has now decided to move back. With this, we have been asked to vacate the property by mid October.

I just wondered what our rights are? As our current situation stands, I'm starting a new job on 29th September, so the end of October would be a more convenient time for us to move, especially since from the 2nd to 9th October we are in France.

As far as we where aware last week, we would be occupying this house for at least a further two months before deciding to find somewhere with our friends, obviously we're a little worried at what to do.

I've attached our tenancy agreement, with all the sensitive details blacked out. Any help would be highly appreciated.

Many thanks,
D&J x

http://usera.ImageCave.com/Dannie/Tenancy Agreement_Page_1.png
http://usera.ImageCave.com/Dannie/Tenancy Agreement_Page_2.png
http://usera.ImageCave.com/Dannie/Tenancy Agreement_Page_3.png
http://usera.ImageCave.com/Dannie/Tenancy Agreement_Page_4.png
http://usera.ImageCave.com/Dannie/Tenancy Agreement_Page_5.png
http://usera.ImageCave.com/Dannie/Tenancy Agreement_Page_6.png

Premier_2

1. The person who is named in the TA as the LL, is that the real LL or the Bulgarian couple?
2. Who signed the TA as the LL? The same person(s) as named as the LL on page 1?
3. Who do you pay the rent to? The person named as the LL in the TA?

Irrespective of term 3 in the contract, the answers to the above and perhaps the fact that the contract does not specify a minimum term may mean it is not valid as an ASTA.

N79

Both you and the LL are committed to a minimum term of 6 months, irrespective of what it says in the agreement (I did not read beyond the first two lines.)

Therefore the earliest you can leave or your LL can ask you to leave is December.

N79

N79

Premier wrote: »

1. The person who is named in the TA as the LL, is that the real LL or the Bulgarian couple?
2. Who signed the TA as the LL? The same person(s) as named as the LL on page 1?
3. Who do you pay the rent to? The person named as the LL in the TA?

Irrespective of term 3 in the contract, the answers to the above and perhaps the fact that the contract does not specify a minimum term may mean it is not valid as an ASTA.

I agree that this part is confused. Re-reading what they have written then I agree that there is some cause for doubt. However, if LL signatry can act as LL (or is an agent duly appointed by said LL) either via a higher lease or as freeholder then the AST will be valid.

If AST is signed by a random individual then I agree that it is worthless.

silvercar

N79 is right, minimum term on an AST is 6 months. To evict you at that time they will need to serve correct notice which would be what is known as a section 21 noitce, this would need to give you 2 months notice to end on a rent day.

My only other comment is that, if you were living in a shared house with the leaseholders, your status might be more akin to lodgers rather than tenants. Lodgers have far less rights.

Premier_2

silvercar wrote: »

N79 is right, minimum term on an AST is 6 months. To evict you at that time they will need to serve correct notice which would be what is known as a section 21 noitce, this would need to give you 2 months notice to end on a rent day.

My only other comment is that, if you were living in a shared house with the leaseholders, your status might be more akin to lodgers rather than tenants. Lodgers have far less rights.

Not quite.

Under current rules for an assured shorthold tenancy, the minimum term can be less than 6 months, but the tenant can insist on staying for a minimum period of 6 months if he wants, irrespective of what it says in the contract; hence why most TAs are for a minimum period of at least 6 months.

What I'm not sure is whether the lack of any specified minimum term implies this is not a genuine ASTA.

Anyway, the answers regarding my other questions may negate this point anyway

Edit: the bit about lodgers is where my original questions were leading

N79

Premier - an AST without a term defaults to a minimum term of 6 months. This is from the housing act. Irrespective, it is an AST and the LL can not request possession before 6 months. The only remaining question is whether the signatry on the agreement is someone who is able to issue an AST by virtue of a higher lease or freehold.

I initially read the OPs post as meaning the Bulgarians were acting as an "agent" for the LL by arranging the AST but that they were also tenants themselves and the OP had confused matters by calling them leaseholders which normally implies a long lease. But this is purely speculation....

sooz

I understood it that the Bulgarians were renting the flat from an unknown LL, & the OP was subletting a room from them. This would make them the Bulgarian's lodgers.

I think the OP needs to clarify

Haushinka

Premier wrote: »

1. The person who is named in the TA as the LL, is that the real LL or the Bulgarian couple?
2. Who signed the TA as the LL? The same person(s) as named as the LL on page 1?
3. Who do you pay the rent to? The person named as the LL in the TA?

Irrespective of term 3 in the contract, the answers to the above and perhaps the fact that the contract does not specify a minimum term may mean it is not valid as an ASTA.

1. The two "persons" named or known as the LL are the Bulgarian couple.
2. The Bulgarian couple signed the TA as the LL on page 1.
3. We pay rent to, or did, to the Bulgarian couple, and at the moment, they other girl who is living in their previous room.

I would like to mention that we've never spoken to the landlord, ever. I don't even think she knows we exist, plus she lives in Australia. The other girl, who we're currently handing our rent too, I believe is also on the Lease for the property.

Many thanks to everyone that's replied so far. We're going to ask about stretching our end date, till at least the 29th October, and we wanted to state our rights outright so that there would be less arguments (wishful thinking I know!)

Many thanks again, and any other information/advice/comments are also highly appreciated!

D&J x

N79

sooz wrote: »

I understood it that the Bulgarians were renting the flat from an unknown LL, & the OP was subletting a room from them. This would make them the Bulgarian's lodgers.

I think the OP needs to clarify

You were right!

Haushinka

N79 wrote: »

Premier - an AST without a term defaults to a minimum term of 6 months. This is from the housing act. Irrespective, it is an AST and the LL can not request possession before 6 months. The only remaining question is whether the signatry on the agreement is someone who is able to issue an AST by virtue of a higher lease or freehold.

I initially read the OPs post as meaning the Bulgarians were acting as an "agent" for the LL by arranging the AST but that they were also tenants themselves and the OP had confused matters by calling them leaseholders which normally implies a long lease. But this is purely speculation....

Further to this - and excuse my understanding as I'm not quite familiar with all of this! They're also tenants as well, but are holding a long term lease. The superior landlord lives out of the country. Hope that helps clear up matters? Sorry if I've confused anyone