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

jjones_3

G_M wrote: »

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)

I am now paying rent to new LL. I still have a deposit in a scheme from old LL. Old LL says I'll get it back when I move out-I guess he thinks he as he owns the flat he has final say on this. But my new lease does not mention old LL at all-surely a court, if it goes to court, would recognise the new lease and let me stay for six months?
Or as I have nothing in writing, apart from the S21, saying my old lease is terminated-would a court side with old LL?

jjones_3

N79 wrote: »

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.

This is my thinking too. But my concern is the old LL could say he never ended the old lease. I do have an email from the new LL saying he is paying rent to the old LL and is now subletting to me but nothing in writing from old LL.
Would that be enough to prove it is a new valid lease?
Cheers

N79

jjones wrote: »

This is my thinking too. But my concern is the old LL could say he never ended the old lease. I do have an email from the new LL saying he is paying rent to the old LL and is now subletting to me but nothing in writing from old LL.
Would that be enough to prove it is a new valid lease?
Cheers

You can't have two leases on the same property with the same T. So if it looks like a duck and quacks like a duck.......

Don't worry, old LL's have no obligation to end old Ts when a new LL takes over. The new LL wrote to you and that is fine.