Does this mean they're kicking me out?

G_M

Sadly, agents are not always very professional. If there's no fee involved they may not be interested!

Write direct to your landlord if you want the security of another 12 months fixed term.

Otherwise do nothing and just let your tenancy convert automatically to a periodic one.

QuantumSuccess

I have now received the following email from some other member of staff at the letting agent:

"Dear XX

Thank you for your email. Your tenancy agreement is not due to expire until 10th June 2011.

Your landlord has purchased the property as a buy to let investment. If you wish to vacate the property you will need to bring up to date the outstanding rental monies of XX [Bizarrely she quotes the amount that would be owed as of tomorrow when my rent is due, despite the fact my rent was remitted today] before you vacate the property. If you do wish to leave then we will start to remarket the property.

If you have any further questions please do not hesitate to contact me.

Regards

XXX"


I do not see how this answers the question I posed at all (:

G_M

Your landlord has purchased the property as a buy to let investment.

This seems to (by implication) indicate the LL wishes to continue to rent the property out. Either to you, if you wish to stay, or to someone else, if you decide to leave.

Tigsteroonie

Our LL didn't bother issuing us with a new TA this February. We didn't bother reminding him, no paperwork meant no increase in rent!

diable

Email the letting agents and inform them of some disaster and see how quick they get back to you.....................

franklee

QuantumSuccess wrote: »

"Dear XX

Thank you for your email. Your tenancy agreement is not due to expire until 10th June 2011.

Your landlord has purchased the property as a buy to let investment. If you wish to vacate the property you will need to bring up to date the outstanding rental monies of XX [Bizarrely she quotes the amount that would be owed as of tomorrow when my rent is due, despite the fact my rent was remitted today] before you vacate the property. If you do wish to leave then we will start to remarket the property.

If you have any further questions please do not hesitate to contact me.

Regards

XXX"


I do not see how this answers the question I posed at all (:

Does the agent serve a Section 21 notice shortly after the start of each renewal? Some agents do. Only that letter reads to me like they are encouraging you to think you can stay but not willing to go as far as to say so which would be the case if they wished to keep a current S21 valid. If there is a S21 bear in mind that was your notice and can be actioned without any more warnings.

If there's no S21 at all then I really have no idea why they are being so veiled but then you're OK remaining on a periodic tenancy and at least it saves agent's renewal fees.

Wee_Willy_Harris

Bit of a swing-ball, but is your deposit protected in a government approved scheme? (Assuming you are in England/Wales).

QuantumSuccess

When I signed the original lease in 2008 I do recall them giving me a copy of some Section 21 notice. But when I renewed the lease in 2009 they did not serve the Section 21 and that was the last I ever heard of it. Subsequent renewal in 2010, I did not receive a Section 21.

So as things stand, if they do already have a Section 21, does it mean that on the final day of my lease they can just come over and physically drag me out of the flat and onto the streets? How exactly does it work? Would it mean that I had 2 months from receipt of the S.21 to get out?

G_M

The only people who can " physically drag me out of the flat and onto the streets? " is a court bailif. The S21 prvides 2 months notice of an intention to go to court. (which if the S21 was served previously could mean when your fixed term expires you've already had the 2 months notice). Then they have to go to court. The court will give a deadline for you to leave. If you don't then leave the LL has to go back to court to get the bailliffs.....

So you have plenty of time.

But all this is irrelevant. The indication is that the LL wants you to stay. The wording in their email seems, as people have said, veiled. But then we haven't seen yours to which they are replying.

If you asked what the LL proposed to do with the property, then their opening sentence is just a clear reply to that question.

franklee

QuantumSuccess wrote: »

When I signed the original lease in 2008 I do recall them giving me a copy of some Section 21 notice. But when I renewed the lease in 2009 they did not serve the Section 21 and that was the last I ever heard of it. Subsequent renewal in 2010, I did not receive a Section 21.

So as things stand, if they do already have a Section 21, does it mean that on the final day of my lease they can just come over and physically drag me out of the flat and onto the streets? How exactly does it work? Would it mean that I had 2 months from receipt of the S.21 to get out?

The section 21 is a minimum two months notice after which the landlord can seek possession. Either the tenant leaves voluntarily or if not the landlord has to seek possession from the courts which takes some time. There is no time limit by which the landlord can seek possession, I've hard of a S21 successfully called upon six years after it was served.

But in your case the initial S21 sounds like it won't be usable. If you and the landlord/agent have signed a new tenancy agreement since the S21 was served the S21 is void and another one would need to be served.

It's worth double checking to see if there was a new S21 served after the last renewal, if there wasn't then you're OK.