Can they really kick us out?

Zelazny

G_M wrote: »

No tenant can be made to leave within the first 6 months of an AST except a) for rent arrears etc AND b) with a court order. This right overrides anything written into the tenancy agreement.

If there is no break clause, and the fixed term is 12 months, the same applies - security for 12 months except blah blah....

However sounds like there's a break clause. You need to read the terms of the break clause (usually at or after the 6 month point with 2 months notice....). Post it here once you've checked.

Will do - I'm at work at the moment, but will check as soon as I get home.

Jeffrey_Shaw

G_M wrote: »

No tenant can be made to leave within the first 6 months of an AST except a) for rent arrears etc AND b) with a court order.

Not so. Any s.8 Notice (rent or otherwise) can lead to a Possession Order, even within the first six months.
But only grounds 1-8 are mandatory grounds, of course. The others (9-17, plus 14A) are discretionary.

Zelazny

Jeffrey_Shaw wrote: »

Not so. Any s.8 Notice (rent or otherwise) can lead to a Possession Order, even within the first six months.
But only grounds 1-8 are mandatory grounds, of course. The others (9-17, plus 14A) are discretionary.

But I understand that section 8 requires that we have breached the Tenancy? If so, we should be ok, because we've not breached the agreement.

jjlandlord

Jeffrey_Shaw wrote: »

Not so. Any s.8 Notice (rent or otherwise) can lead to a Possession Order, even within the first six months.

Agreed.

Jeffrey_Shaw wrote: »

But only grounds 1-8 are mandatory grounds, of course. The others (9-17, plus 14A) are discretionary.

So can LL get a court order for possession using ground 1 during the fixed term?

pinkshoes

Type the wording of your tenancy agreement out (or the relevant bits) when you get home so people can help you.

At worst you should get the full 6 months. If you moved in mid June, then they'd need to issue an S21 giving you 2 months notice BEFORE mid October to be valid. It must be issued correctly.

If you find out you're in a good position and actually have the full 12 months, then I'd negotiate i.e. you'll move out ASAP, but want your full deposit back, and fees paying to find somewhere else to rent, and reimbursement of the cost of decorating!

Jeffrey_Shaw

Zelazny wrote: »

But I understand that section 8 requires that we have breached the Tenancy? If so, we should be ok, because we've not breached the agreement.

Yes, for at least some of the grounds [e.g. 8, 10-12]; no, for other grounds.

pmlindyloo

Jeffrey_Shaw wrote: »

Yes, for at least some of the grounds [e.g. 8, 10-12]; no, for other grounds.

With all due respect (and I know you can be very helpful to posters) I find this kind of answer extremely unhelpful.

The OP must already be feeling very stressed about his situation and to imply that there may be grounds for eviction, without specifying what they are, will probably lead to more stress.

I appreciate that some posters like to 'outdo' each other with demonstrating their knowledge but would you please answer in such a way that the OP can assess his own situation?

In most cases the answers given have been helpful but none of us know all the details of the situation so we need to give correct and full information.

Sorry to moan

Jeffrey_Shaw

You're forgiven, but the advice was - as you well know- helpful in correcting a wrong impression given by another member.
OP is understandably very concerned about the danger of being evicted, the member provided misleadingly false reassurance, and my post clearly pointed out a very important flaw in it. It's entirely possible to be evicted by a Possession Order not founded on a 'breach' ground. Look at ground 9, for example- 'suitable alternative accommodation'.

jjlandlord

Jeffrey_Shaw wrote: »

OP is concerned about the danger of being evicted, the member provided misleadingly false reassurance, and my post clearly pointed out a very important flaw in it. It's entirely possible to be evicted bu a Possession Order not founded on

Post #15: Question re ground 1. I think that the key issue (if ground 1 notice is in OP's agreement)
Pleeaase

Jeffrey_Shaw

Ground 1 CANNOT give any right for L to obtain possession during the fixed term. Here's s.7(6):

The court shall not make an order for possession of a dwelling-house to take effect at a time when it is let on an assured fixed term tenancy unless:
(a) the ground for possession is Ground 2 or Ground 8 in Part I of Schedule 2 to this Act or any of the grounds in Part II of that Schedule, other than Ground 9 or Ground 16; and
(b) the terms of the tenancy make provision for it to be brought to an end on the ground in question (whether that provision takes the form of a provision for re-entry, for forfeiture, for determination by notice or otherwise).