Signed a 3 month rental lease-landlords wants me out at end

jjones_3

Hi
My landlord handed over my flat to a property company who wants to make my flat into a nightly serviced appartment. I was not happy and a lot happened but to keep it short I have just signed a new 3 month lease with the new LL. The new LL said that I must get out at the end of the lease-am I right in thinking that as it's a brand new lease I cannot be evicted until I've been in the flat for six months even though it is only for three months? Or at least the new LL has to give me a Section 21 and two months notice?
Is there a good website to view the legislation if this is correct?
Cheers.

BitterAndTwisted

What do you mean by "handed over" the flat? Signed it over to a company to manange on their behalf or sold it to a new landlord?

G_M

If this 3 month fixed term contract is a renewal of an expired fixed term contract (how long have you been there? say, 6 months?) then you will have been there 9 months. So when it expires the LL can ask you to leave, and/or ask a court fo possession (provided they've followed the correct procedure.

However as B&T askes, more info needed on the history and ownership.

jjones_3

BitterAndTwisted wrote: »

What do you mean by "handed over" the flat? Signed it over to a company to manange on their behalf or sold it to a new landlord?

Leased the flat to a new company-my new lease has this new companys name on it and no mention of the old LL(who owns the flat).

BitterAndTwisted

DOES THE OLD LANDLORD STILL OWN THE PROPERTY? If so, your 3 month contract is still with them and you can be asked to leave at the end of the fixed-term. if it's a new owner then you can't

G_M

BitterAndTwisted wrote: »

DOES THE OLD LANDLORD STILL OWN THE PROPERTY? If so, your 3 month contract is still with them and you can be asked to leave at the end of the fixed-term. if it's a new owner then you can't

Not sure this is true B&T - old landlord now has contract with 'property company', who are tenants. 'Property company sub-lets to OP, who is a sub tenant. In which case, OP has minimum 6 months security.

However, since OP has been in continuous occupation the legal position may be completely different:

Arguably the OP has never ended the contract with old LL. Original fixed term expired, so now on a periodic tenancy with old LL (who still as you say B&T, owns the property), with this new 3 month contract being just a worthless and meaningless piece of paper issued by a company that has no right to grant a contract!

And if THAT is the case, the LL can give 2 months notice at any time (though sounds like he won't as he views the contract differently!)

bris

I would have thought a new lease would supersede an old one giving them six months minimum. If they wanted them out earlier than that why not just leave it to run periodic, after all if the new lease was for twelve months there is no way the LL would let them leave early.

jjones_3

G_M wrote: »

Not sure this is true B&T - old landlord now has contract with 'property company', who are tenants. 'Property company sub-lets to OP, who is a sub tenant. In which case, OP has minimum 6 months security.

However, since OP has been in continuous occupation the legal position may be completely different:

Arguably the OP has never ended the contract with old LL. Original fixed term expired, so now on a periodic tenancy with old LL (who still as you say B&T, owns the property), with this new 3 month contract being just a worthless and meaningless piece of paper issued by a company that has no right to grant a contract!

And if THAT is the case, the LL can give 2 months notice at any time (though sounds like he won't as he views the contract differently!)

What happened was old LL(the current flat owner) gave me a Section 21 which said I was to be out a month ago. I wanted to stay and old LL gave me new guys number(who works for a property managing company and is leasing the flat from old LL) and said deal with him.
New guy says I can stay for three months and sends a new contract with the property company calling itself the LL on the lease.
I have never received written confirmation from the old LL that he is not now my LL.
So perhaps when I say in two months time I wish to stay in flat the old LL could take me to court using the old Section 21? And it's like you say-my new contract is worthless?
I just want to stay as long as possible here.
Thanks for your reply-appreciate it.

jjones_3

bris wrote: »

I would have thought a new lease would supersede an old one giving them six months minimum. If they wanted them out earlier than that why not just leave it to run periodic, after all if the new lease was for twelve months there is no way the LL would let them leave early.

I too thought a new lease would give me another six months despite saying three on it. But perhaps as my old LL has not officially ended the old lease under the law I'm still on a rolling contract with the old LL.

G_M

jjones wrote: »

I too thought a new lease would give me another six months despite saying three on it. But perhaps as my old LL has not officially ended the old lease under the law I'm still on a rolling contract with the old LL.

I suspect that:
1) legally you have a periodic (rolling) contract with old LL. He issued S21 but has not enforced it..... yet.
2) As such, old LL could ask court for possession when the S21 period is up (and assuming he got the dates right on the S21)
3) However, since old LL, AND new LL, both seem to believe you have a new 3 month contract with new LL, it is in your interests to go along with this since you'd then get 6 months security!

Who are you paying rent to?

Have you paid a deposit and if so, to old LL? New LL? or both? And has it been registered in a scheme? (this affects validity of S21)

N79

There is an underlying question in this thread about whether this 3 month tenancy is a "replacement tenancy" for the purposes of calculating minimum S21 eviction dates.

Fortunately for the OP (and not so fortunate for the LL) the new 3 month tenancy is barred from being a replacement tenancy by S21(7)b(i) on the Housing Act 1988 as amended (on the grounds that the LL has changed) so therefore no S21 issued against the 3 month tenancy can expire before 6 months after the start date.