End of tenancy notice

dualmoo

Hi,

I've been renting a flat for the past 10 months, on an assured shorthold tenancy. The contract ended yesterday at midnight.

We had previously agreed (by email) with my landlady to extend the tenancy by one month. We then tried to schedule a meeting to sign an extension. Unfortunately I couldn't answer her emails for three days as I was very busy.

Apparently during that time she came to the appartment without my permission while I was not here. She also came yesterday morning while I was asleep with her business partner. They told me that as I hadn't replied, she changed her mind and was only willing to extend for two weeks, after which I would have to leave the appartment. They had a contract with them, and said that if I didn't sign it, I would be an illegal squatter and they would evict me that night.

I thought that it was quite unfair to change her mind on such notice and after looking at this site for a bit it seems that it is even illegal and she should have served a section 21 Notice.

Looking at my original agreement, I see the following paragraph:

THIS agreement creates an assured shorthold tenancy within Part I Chapter II of the Housing Act 1988. This means that when the Term expires the Landlord can recover possession as set out in section 21 of that Act unless the Landlord fives the Tenant a notice under pargraph 2 of schedule 2A to that Act stating that the tenancy is no longer an assured shorthold tenancy.

It also says:

The Tenant agrees with the Landlord [...] At the end of the term or earlier if the tenancy comes to an end more quickly to deliver the Property up to the Landlord in the condition it should be in if the Tenant has performed the Tenant's obligation under this Agreement.

Both seem to imply that I should leave the property at the end of the tenancy agreement. Does this mean that she doesn't have to serve me a section 21 Notice to end the tenancy?

Finally yesterday they made me sign a document that just says that the previous tenancy agreement is modified so as to expire on the 4th of october (instead of the 19th of september). With this, does she still need to send a section 21 or can she force me on to leave on the 4th? I guess she can't, but I want to be sure.

The other thing I'm interested in is if I can prevent her from coming in unannounced on a saturday morning while I'm asleep. I've read here that under the "quiet enjoyment" clause I could even forbid her from coming at all (even for viewings), even if she gives me 24hr notice. Is that true? Where could I get a legal reference on that?

Thanks for your help and for this great website.

clutton_2

""Finally yesterday they made me sign a document that just says that the previous tenancy agreement is modified so as to expire on the 4th of october (instead of the 19th of september). ""

why did they want you to do this ? - its a complete waste of her time having done that anyway - the original agreement stands.

Once the 6 months are up, you are now in a Statutory Periodic Tenancy which means the LL has to give the tenant 2 months notice (this must be in the form of a Section 21 notice) and the tenant has to give notice as per the original terms of the agreement.

No landlord can force a tenant to leave, without a court order - so once the Section 21 has been issued (giving you 2 months notice) the LL must wait for the 2 months and only then can they go to court and ask the court for a possession order p- this will take a few months.

do check your original paperwork to see if you have already been issued with a Section 21 notice.

If she attempts to throw you out, call the police and tell them yhou are being illegally evicted.

If i were you i would change the locks (keep the old one to replace it with when yhou do leave) to give you peace of mind.

Have you given them a deposit ? Is it lodged/registered with a deposit scheme.

This LL sounds like a rank amateur who has no idea what she is doing

bigheadxx

Most LL serve the section 21 notice when the tenancy is created meaning that you may have received it as part of your tenancy agreement. However the LL has no right to enter the property without your permission.

dualmoo

clutton wrote: »

""Finally yesterday they made me sign a document that just says that the previous tenancy agreement is modified so as to expire on the 4th of october (instead of the 19th of september). ""

why did they want you to do this ? - its a complete waste of her time having done that anyway - the original agreement stands.

For her it seemed to mean that I would have to leave the flat on or before the 4th. She also said that if I didn't sign that, I would become an "illegal squatter" (her words) if I stayed in the flat any later than saturday night.

No landlord can force a tenant to leave, without a court order - so once the Section 21 has been issued (giving you 2 months notice) the LL must wait for the 2 months and only then can they go to court and ask the court for a possession order p- this will take a few months.

Can one be liable for damages if they stay after the expiry of the section 21 (say if the landlord loses a sale because the tenant is still living in the property after expiry of the section 21 notice), or is the eviction delay also a part of the tenant's rights?

do check your original paperwork to see if you have already been issued with a Section 21 notice.

The only things in the original paperwork referring to me leaving the property are the two paragraphs I quoted in the opening post. Would those be recognized as section 21 notices?

Have you given them a deposit ? Is it lodged/registered with a deposit scheme.

Yes, it is protected.

What about the landlady entering without my permission. Can I tell her not to do that? Also, can I tell her not to come on weekends, even if I signed something that says that I should allow the landlord in "during the last twenty-eight days of the tenancy, at reasonable times of the day, to enter and view the property with prospective tenants".

bigheadxx

The landlord’s rights of entry

Your landlord has a right to reasonable access to carry out repairs. What ‘reasonable access’ means depends on why your landlord needs to get access. For example, in an emergency, your landlord is entitled to immediate access to carry out any necessary work.
Your landlord also has a right to enter the property to inspect the state of repair or to empty a fuel slot meter, but they should always ask for your permission and should give you at least 24 hours notice.
If you are staying in lodgings where it is agreed that your landlord provides a room-cleaning service or where you share a room with other lodgers, your landlord can enter without permission.
Your landlord does not have a right to enter in any other circumstances unless they have a court order.
If you are having problems with your landlord who is entering the accommodation without the tenant’s permission, you should consult an experienced adviser, for example, at a Citizens Advice Bureau. To search for details of your nearest CAB, including those that can give advice by email, click on nearest CAB.
Back to top
http://www.adviceguide.org.uk/index/family_parent/housing/common_problems_with_tenancies.htm#The_landlords_rights_of_entry

Jowo_2

Tenants who stay past the expiration of the fixed term tenancy agreement, or beyond when they've been served the correct notice, and even beyond when the courts have awarded possession in favour of the landlord who then has to organise bailiffs if they are still in place, are NOT squatters.

And Squatters themselves, who move into empty properties in England/Wales without the original knowledge and consent of the owners, do not commit criminal but civil offences and the landlord still requires to take action through the courts to evict them.

Contact your local council who may have a private tenancy relations officer to report the problems you are having with your landlord who may be able to remind her what your rights are. Shelter offer free expert advice to tenants, including how a landlord must serve notice, and they may have a drop in office local to you if you can't get through on their phone lines.

Keep the lines of communication going with your landlord to inform her of your intended date of departure, let her know her know that you are aware of your rights and her obligation to give you correct notice and keep paying rent in this period. If the trespassing continues, change the barrel of the lock and change it back to the original when you go.

dualmoo

Thanks everybody for your helpful answers. I sent her an email stating my rights and that I would not let myself be intimidated. This should clear the issue, hopefully.