please help with my renting situation

tucbiscuit

Hi, I am in a bit of a bad situation and don't know what my legal rights are.

Basically I moved into a house with my gf 5 months ago and signed a six month contract which is up on 21/01/07. Now on 21/12/06 the landlord's son came round to collect the rent cheque and the first thing he said was 'oh by the way will you be wanting a reference?' I looked puzzled so he said 'yeah the tennancy agreement is up in a month so if you need a reference let us know as my parents want to move back into the property' (the parents are the landlords).

Now I have looked at the tenancy agreement and it is rather flimsy and undetailed, there are no terms and conditions, basically just the details of the tenant, the landlord, the price, the dates of the agreement and the signatures.

Now I don't wanna be a problem tennant, but just saying 'oh by the way will you be needing a reference?' a month before an agreement is up is not very fair and not very long to leave someone to find alternative, suitable accomodation, even though I am very actively looking (have already looked at about 10 places).

So basically what are my rights? I have had nothing in writing as yet. the agreement ends on 21/01/07.



thanks

mr.broderick

wow....nice of them to offer a reference though..another pitfall of renting...

roger56

Start with this leaflet from the Office of Fair Trading:
http://www.oft.gov.uk/NR/rdonlyres/36623FC6-E9BC-4D9A-B4BF-39191E06F802/0/oft381.pdf

roger56

This is also informative:
http://www.landlordzone.co.uk/notice_to_quit.htm

You should get 2 months notice in writing, what you have been given is unreasonable.

tucbiscuit

thanks roger, I can't open pdf files on this computer, but could open the second one.....so would I be right in saying that even though our assured shorthold tenancy agreement is ending that we still are entitled to 2 months notice in writing?

mr.broderick

yes but if you kill downstairs this will all be irrelevant...x

tucbiscuit

mr.broderick wrote:

yes but if you kill downstairs this will all be irrelevant...x

hah, yeah, my dream is a detached house

mr.broderick

stop dreaming and make it happen, i hate tuc biscuits..never liked them to be honest...i am drunk.

tucbiscuit

hah, it will happen, I didn't realise what luxury a deached house was when I was growing up

rosysparkle

Did your landlord serve you with a s21 notice to quit at any time during the tenancy? He has to serve you with two months notice to end the tenancy, even when the agreement ends.

Alleycat

Say yes you want a reference asap as you may have found somewhere. Once you have the reference, you can gently remind them that actually they need to serve with you with the correct notice to vacate which to your knowledge should be for a minimum period of two months. Don't tell them what section or where they can find it, let them do the work as they are the landlords and should know what their legal requirements are.

Legally, your landlords should issue you with a valid section 21 notice for a minimum period of two months. Once this notice expires if you have not been able to find alternative rehousing you do not have to vacate. Your landlord would be required to apply to the courts for repossession. This could easily give you another couple of months before a judge awards the landlord possession. this is as long as there are no serious rent arrears and you have not breached your tenancy agreement. If your landlord goes to court for possession they can ask for the costs to be paid by yourself. I can't remember the amounts, but I think its around £150. Most likely you would have to pay those costs, but it would allow you reasonable time to get yourselves sorted.