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2 tennancy agreements ??

murphy66
murphy66 Posts: 9 Forumite
edited 31 May 2009 at 3:19PM in House buying, renting & selling
When we moved in to our house we signed a 1 year contract . The second year we signed a two year contract ,but after a couple of months our landlord asked us to sign 3 six month contracts to take us to the end of the two years saying it was for accounting reasons,and we could stay as long as we wanted . Now with six months to go he has asked us to leave giving us 1 months notice ,so his sister can have the house . Is this legal ??

Comments

  • 00ec25
    00ec25 Posts: 9,123 Forumite
    1,000 Posts Combo Breaker
    edited 31 May 2009 at 3:29PM
    you say with 6 months to go are you therefore at the end of one of the 6month terms you signed? Has he issued you wioth a section 21 notice of repossession, if not he cannot evict you at all. In any case he can never give you 1 months notice whilst a contract is still in place, the minimum is 2


    you have a mess of paperwork but ALL of them are for fixed term contracts and either the 24 month ot the current 6 month would appear is still in force at this time, meaning the LL cannot seek repossession at their own whim. They can only get possession at the end of the fixed term, I am not a lawyer so cannot however say whether that is at the end of 24 months from the start of your 2nd year or at the end of whatever 6 month period you are now in but I can say with certainty that it cannot be before the end of at least your current 6 month contract
  • murphy66
    murphy66 Posts: 9 Forumite
    if i refuse to leave until i have found suitable accomodation for my family how do i stand ??
  • clutton_2
    clutton_2 Posts: 11,149 Forumite
    the landlord will have to issue you with a correctly worded Section 21 Notice, which gives you 2 months notice. You do not have to leave. He will then have to go to court to ask for possession of his property. If he gets the paperwork wrong, the case will be thrown out and he will have to start again. A judge will rule on whether the 2 year contract or the 6 month contract is the legally valid one.

    The court is the small claims court - a small room with a table, with you and the judge (no wigs) and the landlord - very informal and you can take a friend with you. The judge will decide when you have to leave. EVEN if he rules the 6 month contract is fair, he will give you a fair amount of time to leave.

    i would stay put and keep on paying the rent
  • theartfullodger
    theartfullodger Posts: 15,779 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Landlord sounds like he disnae know what he is doing so he will probably get the S21 wrong.

    If you get anything remotely like harassment take notes of it & inform the police if necessary.

    Cheers!

    Lodger
  • murphy66
    murphy66 Posts: 9 Forumite
    :confused:Thanks to replies so far .. UPDATE . JUST GOT SECTION 21 BY EMAIL !! Landlord states will get hard copy through the post but this then will not give a full 2 months notice (short by a couple of days ) should i tell him or wait 6 weeks ? would he then have to give another 2 months ????
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