Renewing tenancy but no docs signed yet

hopefulfooluk

Hi all,

We have been in our house for just over a year now, and our landlord has been great. We asked him about three months ago whether we could stay for another year, and he said yes and that he would sort it out.

Our tenancy agreement ran out last week. Shortly before it did, I asked him if the paperwork was ready for signing, and he said no problem, pop into the letting agency and they'll sort it out. So I contacted the letting agency and they said that they can't do anything as they need the landlord to give them the renewal instructions.

Now, given that we don't have a current tenancy agreement, and the fact we signed a section 21 this time last year when we picked up the keys (matter of course for new tenancies at this agency apparently), could we technically be hoiked out without any notice at all if the landlord chose to? I don't think he will, and he's probably just being slow at instructing the letting agency, but would like to know that if he did turn up, we wouldn't be homeless given that he has said we could stay all along?

I've paid him this month's rent too, if that makes a difference.

Cheers!

Meatballs

Do you have any written correspondence or email saying he wants to extend it? That would invalidate the S21.

Or when was your deposit actually protected? Because for an S21 to be valid the deposit has to be registered in an approved scheme.

hopefulfooluk

I have a few texts from him saying he wants to extend it.

Also, the deposit isn't protected - he said he had problems with the deposit scheme in the past. I know, I know, but I think there is more risk to him than to me by him not protecting it so if it came to it, he would have more to lose than me by not returning it. Which I don't think he'd do anyway.

satchmeister

hopefulfooluk wrote: »

I have a few texts from him saying he wants to extend it.

Also, the deposit isn't protected - he said he had problems with the deposit scheme in the past. I know, I know, but I think there is more risk to him than to me by him not protecting it so if it came to it, he would have more to lose than me by not returning it. Which I don't think he'd do anyway.

Then the s21 is invalid. Problems with the deposit scheme?? just use one of the other two. Don't understand how you can sign an S21 as this is a letter from the LL saying he wants to re-possess.

If you are on an AST this should roll over into a statutory periodic, you can give one months notice and LL has to give two months notice. You don't need to sign anything for this to happen. The only reason I can see for a new contract is to get the six (or 12) months protection / certainty of occupation.