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Do you we have to be out in weeks?!

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Comments

  • Fire_Fox
    Fire_Fox Posts: 26,026 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    ics2s3b wrote: »
    Thank you all for your replies, Franklee and N79 especially.

    Most of our contact with them has been verbal. We were asked verbally to e-mail the Letting Agent's office confirming that we would be extending for a further month. This leads me to believe that the S21 is now invalidated and another needs to be issued as we extended, not the delay of the enforcement.

    Spoke to them this evening as they have arranged a viewing for tomorrow and made them aware of this. They said that they only dealt with fixed term contracts and that it wouldn't go to a rolling contract.

    My understanding is that will any fixed term Assure Shorthold Tenancy is that it automatically goes to rolling unless a S21 is actioned, however the S21 is now invalid so they need to re-issue.

    This sound about right?

    A quick call to ARLA in the morning may be in order too

    You can be lead to believe whatever you like, either you have something in writing FROM the landlord or his agent or you do not. You are giving politicians answers to the questions, that won't wash in court. ARLA won't help you, they act on behalf of the letting agent not the tenant and they are not qualified to give you legal advice.
    Declutterbug-in-progress.⭐️⭐️⭐️ ⭐️⭐️
  • N79
    N79 Posts: 2,615 Forumite
    ics2s3b wrote: »
    Thank you all for your replies, Franklee and N79 especially.

    Most of our contact with them has been verbal. We were asked verbally to e-mail the Letting Agent's office confirming that we would be extending for a further month. This leads me to believe that the S21 is now invalidated and another needs to be issued as we extended, not the delay of the enforcement.

    Spoke to them this evening as they have arranged a viewing for tomorrow and made them aware of this. They said that they only dealt with fixed term contracts and that it wouldn't go to a rolling contract.

    My understanding is that will any fixed term Assure Shorthold Tenancy is that it automatically goes to rolling unless a S21 is actioned, however the S21 is now invalid so they need to re-issue.

    This sound about right?

    A quick call to ARLA in the morning may be in order too

    Sorry but that sounds totally wrong and you have misunderstood my post.

    On the contary, a court will assume the S21 is valid unless you can prove otherwise and you can't. Therefore a court would almost certainly be willing to award possession on the basis of your current notice.

    Your LL has been flexible without jeopardising his legal position - a sound strategy.

    However, you are quite correct that a rolling periodic tenancy will automatically arise - however your LL will be entitled to go to court to end the tenancy immediately (unless the S21 is defective in some other way).
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