Renewing Tenancy Agreement £70

littlemissmoney

So I could just be kicked out on the last day with no notice :eek: :eek: :eek:

One final question (I promise!). The copies of the paperwork I have have only been signed by me. I assume the copies the LL has signed are held by the LA. Is this ok? Shoudn't we both have copies that each other have signed or is this standard practice?

Tassotti

no... you can't be kicked out on the last day, the LL would have to apply to the court for possession (usually accelerated and this is why you have been issued the S21 at the start of the tenancy)

Are you saying the Section 21 hasn't been signed by the LL or agent?

If it's not then it is invalid. There is no requirement for the tenant to sign the S21.

What I don't understand is why the LL is insisiting on another fixed term (if indeed the LA has spoken to the LL) It is more beneficial for everyone (except the LA) if the agreement becomes periodic.

Some may argue that if one has a good tenant, then the security of another fixed agreement is appealing. However, tenants' circumstances can change (redundancies/sickness, etc) and it is more difficult to get the tenant out under a fixed agreement.

Do you have a contact number/address for the LL. If so, contact directly and discuss it with him/her.

littlemissmoney

Hi Tassotti,

I have a copy of the Section 21 that has been signed by myself and the LA, but my copy of the tenancy agreement has only been signed by me and a witness (my sister). Is this ok?

I only have the address for my LL. I wrote to him and asked for a periodic tenancy (explaining why) and gave him all my contact details. He contacted the LA and told them he only wants a fixed term.

clutton_2

"""your landlord can ask you to leave - you do not have to leave" not unless your landlord has a court order to evict you - this takes time

littlemissmoney

Eviction sounds very serious. Would a "black mark" be left against my name? For example, would it be difficult to get somewhere else to rent afterwards? I'm unclear whether eviction is a procedure LLs go through to get rid of law abiding, rent paying tenants or whether the tenant is commiting a crimimal offense?? Sorry if this is obvious.

Tassotti

The only black mark would be if you owed any money at that point.

However, you may receive a less than favourable reference from your landlord when applying for new rental agreements.

ukbill69

I think thats a joke you have to pay that to live somewhere that you already live. Tell the agent to take you to court for the money and then if it comes to it, it will be tryed under a unfair contract.

franklee

Tassotti wrote:

Dates are very important here. The S21 4 (b) cannot be dated before the tenancy starts and must state possession is required AFTER the final day of your tenancy. Otherwise it is invalid.

I think that one is 21(1)(b. Anyway...

Surely the S21 is invalid if it is SERVED before the tenancy starts. Thus putting it in the tenancy agreement is serving it too early and isn't valid if the agreement is given out or signed before the tenancy starts. Of course we need to agree when the tenancy starts, I'd argue that it is on the day that the agreement says it starts which is the start date from which rent is charged but not until the tenant is given the keys! So if the agent makes you sign the agreement and S21 on moving in day, but before you've been given the keys, note that by your signature If you get the agreement before moving in day then the S21 therein isn't valid.

hibees1875_2

Haggle with the agent! Try it, what have you to lose? Is it a renters market where u live? ie are there lots of rental properties around your price mark? if so, haggle... agents that dont agree will then have to explain to the landlord why his property is empty and not earning the landlord or the agent any money. AVOID agents that charge fee's other than reasonable application fee's to cover credit checks/admin. Most agents also charge the landlord a fee for admin and tenancy management services etc as well as advertising properties when empty. Agents are salespeople as much as the man down at comet or on a market stall so haggle haggle haggle!

Tassotti

franklee wrote:

I think that one is 21(1)(b.

My mistake...you are correct Fixed is 21 (1) b

Periodic is 21 (4) a