Help! I think im being forced out of my home... :( (section 21)

locutus12

i moved into terraced house in a state of disrepair that an old school friend owned. I got six months rent free and 5 years tennancy on condition that I did the house up. I spent roughly 5K of my own money, i didnt mind too much as i had a job at the time and frankly i liked the house and had planned to stay there for the full five years.

but, two years in... (may this year) my landlady/friend decides shes selling up. ive been sold on to the new guy with the house, but his lawyers are now telling her that she has to issue me with a section 21 notice before they will complete on the house. which would effectively mean that without a new signed contract yet from the new land lord, once he comes in in 4 to 8 weeks he could literally throw me out. I pay £425 rent which is high enough but hes talking of figures between £475 and£550, and i just cant afford that, the state will no longer cover it either thanks to housing benefit caps WITHOUT rent controlls...

i have no job at present, no savings, i dont know what im going to do

KRB2725

Have you got a signed tenancy agreement?

DannyboyMidlands

But you have another 3 years to run on your existing contract, no? The original landlord can't just kick you out before the end of the 5 years and if the new landlord wants to take you on, it's under the same terms as your original contract. If he doesn't like it, tough, he doesn't have to buy the house.

BitterAndTwisted

What form did this alleged five years tenancy take? If there's nothing in writing you've been had. Nice old school friend.

jamie11

locutus12 wrote: »

5 years tennancy on condition that I did the house up.

If you have proof of this 5 year tenancy a S21 cannot be used before the fixed term ends.

If the tenancy is oral you need to prove it.

princeofpounds

IF you truly have a 5 year tenancy, it may not even be an AST as there is a time limit to them I believe.

puddy

it might not be a section 21 that she uses but clearly she will issue a nsp under something else? a section 8 is it?

jamie11

princeofpounds wrote: »

IF you truly have a 5 year tenancy, it may not even be an AST as there is a time limit to them I believe.

No. An AST can be for as long as is agreed.

jamie11

puddy wrote: »

it might not be a section 21 that she uses but clearly she will issue a nsp under something else? a section 8 is it?

Not likely as long as the OP pays the rent on time and makes no breaches of the agreement.

jjlandlord

locutus12 wrote: »

ive been sold on to the new guy with the house, but his lawyers are now telling her that she has to issue me with a section 21 notice before they will complete on the house. which would effectively mean that without a new signed contract yet from the new land lord, once he comes in in 4 to 8 weeks he could literally throw me out.

Even if you cannot prove the term of your tenancy, a s.21 notice will not end it: It will only entitle your landlord to seek a possession order once the 2 month notice period expires. Then the possession order can only be enforced by bailiffs.
So don't worry about be thrown out yet.

Note also that an AST for a 5 year term must be in writing and executed as a deed, so if you haven't got a written document, certainly you haven't got a 5 year AST. A court would certainly rule you have a standard periodic AST.

princeofpounds

No. An AST can be for as long as is agreed.

Note also that an AST for a 5 year term must be in writing and executed as a deed, so if you haven't got a written document, certainly you haven't got a 5 year AST. A court would certainly rule you have a standard periodic AST.

I think the second item is what I was trying to recall, so yes, there certainly could be a problem due to the claimed length of tenancy.