Asked to leave our private rent HELP!!

Strapped

Sounds like the OP has rolled on to a periodic tenancy at the end of their initial 12 month AST?

OP, you need to check your paperwork carefully to see whether you do, in fact, have an AST ending in August. If so, you can either do nothing, or pick from the options above (agree to go early, with ot without some form of compensation from the LL).

Your employment status is irrelevant, so long as you continue to pay the rent.

IF you are now on a periodic, then the LL still needs to serve you the correct 2 month notice IN WRITING, so don't panic.

pmlindyloo

d_rok69 wrote: »

its a short assured tenancy we have rented the property since 25/2/11 so just over a year. The current contract runs till august 2012 and the owner of the house have given us 6 weeks notice verbally.

I asked remax if we were due any compensation because we effectively are contracted till august but they said no because it is me being unemployed who has cause the issue and the that is the reason we cant stay in the house. Im concerned remax may keep the deposit if we try to leave them and rent through someone else

OK some confusion with all this. Let's try and sort it out so that the best advice can be given.

Your contract started 25/02/2011. How long was it for? 6 months, 12 months, 18 months?

If there was a first contract, 6 months/12 months what happened at the end of this contract? Did you sign another one?

Exact details needed plus did you have a break clause in the contract/s?

This is very important so that we know what kind of notice the LL has to give you.

d_rok69

its a short assured tennancy i signed six months on 25/2/11 then renewed for a year after six month and it runs out on 24/8/11. i dont know what a break clause is it certainly says nothing about a break clause on the agreement im looking at

adouglasmhor

Get on to Shelter Scotland - they will put the kybosh on you Letting agency and LL, do not listen to CAB (who do not specialise and use volunteers sometimes) or any "independent" source.

Contact Shelter's free housing advice helpline on 0808 800 4444 (Calls are free from UK landlines and main mobile networks (Virgin, Orange, 3, T-mobile, Vodafone and O2)

princeofpounds

IF there is a break clause in your contract then they could give you the 2 months notice. If there is no break clause then you can stay until the end of the fixed term.

This isn't correct. A break clause/ Section 21 cannot be implemented in the first 6 months of a tenancy. Under law landlords cannot given notice for hte first 6 months of an AST.

Given the tenancy has been renewed, even if there was a break clause it could not be used.

Drok, if you did indeed renew your tenancy (and it seems like you did if you have a new agreement and the right dates!) then the 'independent EA' you consulted gave the wrong advice.

Remember it takes as many qualifications to become an EA as it does to become a member of MSE forums (i.e. none) and I would wager that forum members are generally more knowledgeable than EAs on basic lettings law.

Out,_Vile_Jelly

If there is no break clause mentioned in the contract then it is valid until August, regardless of any guff about the mortgage provider and your employment status. If the LL is keen to sell, you are in a strong negotiating position (providing you are paying the rent). Keep copies of everything in writing if you decide to agree to move out early.

jjlandlord

princeofpounds wrote: »

This isn't correct. A break clause/ Section 21 cannot be implemented in the first 6 months of a tenancy. Under law landlords cannot given notice for hte first 6 months of an AST.

Given the tenancy has been renewed, even if there was a break clause it could not be used.

This is also incorrect.
The '6 month rule' only apply to possession orders, and the 6 months are counted from the the start of the original tenancy, not each renewal.

A break clause can be activated at any time, according to the requirements set forth in the tenancy agreement. If activated by LL the only effect is to end the fixed term tenancy on expiry. If the tenant remains a statutory periodic tenancy will arise.

A s.21 notice may also expire at any time, providing it follows statutory rules.
It's just that if it expires within 6 months following the beginning of the first tenancy granted, no court order may be effective before that 6 month period has elapsed.

scottishblondie

OK - first a lot of the advice you have been given here does not apply because you are in Scotland. The laws up here are different, for example we do not have automatic periodic tenancies nor does a notice to quit come in the form of an S21. So please be careful as several people have not noticed this important piece of information when giving you advice.

Read your contract carefully. What does it say about notice periods, are you definitely on a fixed term until August? If so then the LL will need to follow correct procedure, which involves giving formal notice that they are starting court proceedings to evict you because you have broken the terms of your tenancy agreement. Verbal notice is not enough, nor is being unemployed sufficient reason to evict you.

If you aren't actually on a fixed term, then the contract will lay out the notice periods that apply to both parties. However, it does sound like you are safe until August from what you have said. Just keep paying your rent and I can't see the court granting an eviction order.

Read this page from Shelter Scotland.

princeofpounds

The '6 month rule' only apply to possession orders, and the 6 months are counted from the the start of the original tenancy, not each renewal.

I think we are talking about different situations actually.

When I talk about renewal, I am talking about making a new tenancy on the template of the old one, which I have found to be normal practice.

This creates, in my understanding, a new tenancy rather than extending the original one, and so restarts the clock on the 6 month period.

That's why I call it 'renewal' rather than 'extension'.

If that understanding is incorrect, please point me to the language in the Housing Act that makes it so as I would like to clear the point up.


After all that the OP is in Scotland? Sigh... well there are different rules up there.

G_M

Please get out your latest tenancy agrement. Tell us exactly what it says:
1) start date
2) Period (ie 6 months, 12 months) and/or
3) end date

However assuming it ends in August, you CAN NOT be made to leave before that date unless ou stop paying the rent/

* Verbal notice is meaningless
* LL's mortgage issues are irrelevant
* your employment status is irrelevant

While you live there, you are entitled to 'quiet enjoyment'. That means you can refuse access for viewings by agents, buyers, surveyors etc - but if you deide to do this - PUT I IN WRING TO THE LANDLORD AT THE ADDRESS ON THE TENANCY AGREEMENT FOR THE SERVING OF NOTICES.

If you suspect the LL or agent will ignore this and use their key, change the lock.

If the LL sells the property, your tenancy will sill continue till August. You just have a new landlord o pay rent to - everything else stays the same.

If the LL wants you to leave in August, they need to serve you 2 months Written Notice by June. Even then you do not need to leave till the LL gets a court order (another 1 - 3 months?)

If that does not happen, then in August, if you stay, you will automatically get a 'Periodic (monthly) tenancy. The LL (old or new) then needs to serve you 2 months written notice (S21) at any time.

However if you want to leave before August, you can make an agreement with the LL. Since you leaving makes it easier for th LL to sell, and allows the LL to get a better price with an empty property, you can bargain. Ask for all your removal expenses + £200? for inconvenience? Plus your application fees/vetting fees for your next property.

I would avoid renting via this agent again as they clearly do not know about tenants rights (or they know but choose to ignore - even worse!).

edit: Ah! Scotland....... ignore.