Tenant question - what's next..?

jmkgreen

On 21st Nov 2008 my partner and I signed an assured shorthold tenancy agreement drawn up by local estate agents on behalf of the landlord of a private residential property.

The contract was for a minimum six months, and included the following clause:

"If on the coming to the end of the fixed term agreed above, the Landlord does not seek possession and the Tenant remains in the Property, they will be considered, by virtue of section 5 of the Housing Act 1988, to have a statutory periodic tenancy. This will continue till ended by either party."

At the time I was handed a section 21 (1) (b) assured shorthold tenancy notice requiring possession fixed term tenancy after 21st May 2009.

As of writing I have received no further correspondence from either agent or landlord except an email from the landlord expressing that he was happy for the arrangement to continue. To be completely honest the landlord is a very nice chap and I have no reason to believe anything untoward might happen.

That said I'm looking into a legal grey area. I have called the agent to ask if the landlord might accept a 12 month commitment but haven't heard back. Also, just to confuse matters the landlord is not the owner of the property - that's his brother. Landlord is however our point of contact and carries out any repairs, and is listed on the contract as the landlord.

As it stands I've said I'm happy to keep the agency (and thus arrangement fees) out of this and let the term continue. I understand that once the six months is up the landlord must give two months notice - but technically he's already issued a S21 notice, hasn't he?

Help..!

Thanks in advance!

Millburn_farm

I have NO idea where you stand legally; I'm a Scottish LL so different rules


But why not just ask (allbeit by letter -recorded delivery) where you stand; and tell them that the uncertaincy makes you unsettled; which means you might look for a tenancy elsewhere that leaves you knowing what to expect over the next yr or 3

I pressume that's what you need to know; as a LL I like to know my tenants long term plans; so ask, and good luck

neas

Research sword of damocles S21. Its a very nasty practice where letting agents/landlords serve you the S21 at the start of your tenancy to override the 2 months notice period they need to serve.

What is guarantteed is the 6 month term... but if they hadnt served the S21 at the start and required possession 2 days before end of 6 month term... they could seek a court order for possesion on your final day of tenancy.

I had one of these at the last place and you are right, they are trying to elimniate your rights as a tenant to reasonable notice. Most times it wont be used but essentially you are correct landlord has issued a docuemnt that is meant to be used to seek possession of a property on a certain date. Alot of them are weasly worded so that they (try to at least) state its valid only on one day i.e end of your fixed... and if you go into a periodic tenancy then it is invalidated.

There are a few things that invalidate a S21.

1. A S21 must be issued AFTER a deposit has been protected (if you got issued this at start of contract like me then this legally invalidates it.... shame our letting agent isnt that clever in law eh? :P) i.e we got issued at start and tenancy deposit was protected 1 month afterwards
2. A S21 can be invalidated by entering into negotiations with landlord etc.

All in all wouldn worry too much about it as 9 times out of ten its a backup policy for them to get flat back if your a problem tenant.. but i guess you felt same as I did (a bit screwed over/conned).

Theres a few threads on here about S21s and sword of damocles (being given it at start of contract lol). Try housepricecrash.co.uk as well for info.

jmkgreen

Well the deposit was paid in advance and all paperwork completed the date we moved in.

Does email correspondance with the landlord qualify as invalidating the S21? This in itself is complicated: The landlord's name is listed as brother #1 (the legal owner of the property), the email address listed is of brother #2 who has been replying to me and looks after the house on brother #1's behalf.

The agency called me today - apparently they've not managed to get a hold of brother #1, they will now try brother #2 and enquire about getting another six months out of them but apparently it will cost the landlord a fee.

I wouldn't be so worried but I appear to be in a very grey area.

neas

whatever you do, dont bother paying to extend contract by 6 months. Just ask for it to go to periodic.

Also not 100% sure but you should have contact address and phone number for owner on your contract.

I guess you should ask a direct question about it in forum.

neas

Well for deposit protection, if you received notice from DPS or TDS etc after your received the S21.. then this invalidates it.

Which if you paid deposit and signed at same time would most likley happen. Check your Dispute service reference number... if date is after S21 then its invalidated ;P