Help w/rented flat - when can I be kicked out?

Eskimo12345

Having moved in on 25th July 2009, I have lived in my wonderful flat for nearly two years, paying £625pcm for the privilege. Every 12 months the contract is renewed and I pay £90 for that.
Two weeks ago I signed and paid for a new 12 month contract with a rent increase to £650, from 25th July 2011. It stated the earliest end to the contract was 25th September 2011.

However I have just received a notice of possession, dated 27th June, giving me two months notice and that I have to leave by 27th August. I phoned the letting agent and they said this was under the terms of the current contract.
Is this legally enforceable, as the new contract says 25th September? And if they can kick me out on the 27th, is the rent increase valid too - surely all the clauses in the new contract are enforceable or none of them are?

Please help...

(As an aside, the reason my landlord is selling is he bought it for £202k and it was recently valued at £160k. I'm guessing it's remortgage time and the bank laughed at him.)

silvercar

I guess that even though you signed a contract to start 25 July, the landlord hasn't and so the contract hasn't come into force.

BitterAndTwisted

If the new fixed-term agreement hasn't been countersigned by the landlord or agent and returned to you I don't believe that you can rely on it and are not obliged to pay the new, agreed rent.

Please post the PRECISE dates on your original agreement as it doesn't sound like the S21 has been correctly served. If the rental-periods are 25th to the 24th of the month following then the S21 should have been served before the 27th of this month giving you two month's notice, not after.

Eskimo12345

Thank you both,

The notice is dated 27th June, terminating the contract 27th August. I will go to the agent after work tomorrow to request a copy of the latest contract.

BitterAndTwisted wrote: »

If the new fixed-term agreement hasn't been countersigned by the landlord or agent and returned to you I don't believe that you can rely on it and are not obliged to pay the new, agreed rent.

If this is the case, do you think I can get my £90 fee refunded too?

Thanks again.

mrschaucer

If there's no contract, then there should be no fee ...

BitterAndTwisted

If your contract is not going to honoured I cannot see any reason why the agents will retain the fee you have paid. They will try, as it seems to me that the landlord has been mucking the agents about as well as you.

Don't bother asking the agents for a copy of the latest contract. You need to check the dates on your original contract. If, as I said your rental periods do run from the 25th to the 24th of the month following the S21 Notice has been incorrectly served and will fail in court.

Do you want to fight this or just need time to secure another property?

silvercar

BitterAndTwisted wrote: »

If the new fixed-term agreement hasn't been countersigned by the landlord or agent and returned to you I don't believe that you can rely on it and are not obliged to pay the new, agreed rent.

Please post the PRECISE dates on your original agreement as it doesn't sound like the S21 has been correctly served. If the rental-periods are 25th to the 24th of the month following then the S21 should have been served before the 27th of this month giving you two month's notice, not after.

There is something funny about the rules giving notice that overlap the end date of a contract. I'll see if I can search them out.

Eskimo12345

BitterAndTwisted wrote: »

Do you want to fight this or just need time to secure another property?

I have no problem moving out on the 27th August - I just refuse to let any company eff me in the A!

G_M

BitterAndTwisted wrote: »

If your contract is not going to honoured I cannot see any reason why the agents will retain the fee you have paid. They will try, as it seems to me that the landlord has been mucking the agents about as well as you.

Don't bother asking the agents for a copy of the latest contract. You need to check the dates on your original contract. If, as I said your rental periods do run from the 25th to the 24th of the month following the S21 Notice has been incorrectly served and will fail in court.

Do you want to fight this or just need time to secure another property?

To be clear - the relevant contract is the most recent applicable one.
NOT the original one (25/7/09) since presumable you and the LL signed another dated.... 25/7/10???? which expires on.... 24/7/11?

That is the relevant one. Please confirm.
Also confir what we are assuming - that the LL has not yet signed/returned the recent one due to start 25/7/11