End of contract - do we have to move out?

joshhales

Hi,

I have a joint tenancy agreement for 1 year, 7th Nov 2011 to 6th Nov 2012. The landlord contacted us offering a new 6 month contract, however we do not want to stay for that long and we wished it to become a periodic tenancy.

He has said periodic tenancies are against company policy and that if we cannot agree a shorter 3 month contract then we have to move out.

He has given us a Notice of Possession but it is dated 4th Oct and he has asked us to move out on 6th Nov. I understand we need 2 months notice whilst we are in the contact?

Can anyone advise and suggest what I can say. I have quoted our contract that states 2 months notice and Housing Act 1988 Section 21 (1) b but he is still demanding we move out.

Thanks,

Josh

Werdnal

The S21 he has currently issues does sound defective so ignore that for now. The notice does not end the tenancy or mean you have to leave anyway, so if he needs to enforce it and apply to court, they will throw it out.

You have a right to an SPT, and the day after your fixed term ends, if you have not given notice or moved out, the SPT automatically kicks in. Your LL would still need to give 2 months CORRECT notice and you need give 1 month written notice, ending at the end of your monthly rental period.

What does he mean by a periodic tenancy is against company policy - are you talking about the LL or agent here? If the agent is leaning on your to sign another 6 month agreement, they are only after your renewal fee, so ignore them - your contract is with the LL.

Did you pay a deposit at the start, and is this protected in a scheme? Did the LL give your the prescribed information from the scheme he used?

joshhales

Thanks for the super quick reply! Many thanks

The LL (our contact at Passion Property?) said 'With regret we cannot revert to a periodic arrangement; it is against company policy'

He then said 'We will advise our local agents therefore that you will be vacating upon your existing lease termination, 6th November 2012'

I replied quoting the 2 month notice as mention and he said...

'Your lease states that the terms is for 12 months commencing 7th November 2011 and therefore the existing agreement expires 6th November 2012.

The best we can offer you in terms of an extension as discussed previously is for three months. Therefore if you are unable to consider this an option, you will need to vacate on the above termination date.'

He offered to speak over the phone so I may call him later today.

Thanks again - appreciate your help

DON79

it's just the letting agent wanting a fee from you by the sounds of it.... can you contact your landlord directly - his address ought to be in your tenancy agreement, or you can formally request the landlord name and address from the letting agent & they must supply it within 21 days I think. Either way, they cannot insist you leave on 6th November, as long as you continue paying rent as Werdnal said, you will automatically go onto a periodic tenancy which requires two months notice. anything else they try to insist on will be thrown out by courts IF they take it that far but they are just trying it on.

Notmyrealname

OK. First of all, DON79 Passion Property is a business that owns properties it rents out - it isn't a letting agent. The contact at Passion Property is in effect the LL.

Back on track:

Even if the notice is valid - i.e the landlord issued you a section 21 dated for 12 months down the line when you signed the tenancy as is common practice with many, a S21 doesn't give them the automatic right to turn up with a couple of people and chuck you out of the door. A S21 in all intents is a request for you to vacate the property. In order to get repossession of the property they have to apply to the court to get an order and at that point can turn up with a bailiff and chuck you out of the door.

Now here's the rub. County courts are so stacked up with work that it'll be months before any hearing and not only that if you've been paying the rent on time, been good tenants etc and there is no good reason for the eviction then it may not actually be granted.

My advice is if you want a just need a few more months is to stay put and continue to pay the rent as you have been before.

Werdnal

Is this the company:

http://www.ppglettings.com/Webpage/111/About-Us

Are they the actual owners of the property you live it, ie your Landlord, or are they managing the let on behalf of the owner? If the latter, they are not your landlord, they are agents, out to cream a renewal fee off you.

joshhales

Thanks!

I am unsure what the difference is between letting agent and landlord? He is from Passion Property Group who our contract is with. We used a letting agent to find the property but we no longer have anything to do with them.

So I will say to him that the Notice of Possession is invalid and that the contract becomes a periodic tenancy so we will stay until he provides us a correct Notice of possession.

Do you know of any legal document I can reference that states this so help?

Thanks

joshhales

Cheers Notmyrealname.

So to clarify now, I am sure Passion Property are my LL. They own the property and our contract is with them directly.

We only want to stay for an extra month, so when we are ready I will give him notice. I understand they cannot turn up on the door and throw us out, I just need to get back to him now.

Thanks again all

rpc

joshhales wrote: »

The LL (our contact at Passion Property?) said 'With regret we cannot revert to a periodic arrangement; it is against company policy'

They certainly can and will - it is the law if you are still in residence on 7th November!

He offered to speak over the phone so I may call him later today.

No, write and keep it in writing.

This sounds like a rather uneducated landlord. How long do you need to stay? By the time they get in front of a judge, and fail, etc you will probably be leaving anyway.

I don't know how a 3 month tenancy would work - they can't serve notice on you until month 4 IIRC so it basically ends up with you able to leave after 3, but they cannot evict until 6 months.