Notice To Quit

G_M

Asyou have an AST, and appear keen to know more before Tuesday, I refer you to post number 2 above.

Ending/Renewing an AST (what happens when the Fixed Term ends?)(What is a Periodic Tenancy?)(How can a LL remove a tenant?)(How can a tenant end a tenancy?)

7Seven_2

EDIT:


just found in the agreement:


As from the 1st anniversary of the tenancy start date
we may serve a conversion notice on you, telling you that this tenancy is to be regarded as an assured non short-hold tenancy.

We will normaly serve this conversion notice on you, unless before the 1st anniversary of the tenancy start date:

we have started proceedings for possession against you
or we have served a notice under section 21 ( 4 )
of the housing act 1988 that we require possession and we issue proceedings
for possession within two months of the expiry of this notice

if we do serve a conversion notice you will receive additional rights effective from that date which are set out in this agreement

the other terms and conditions of this agreement will remain the same.

this agreement is intended to create an assured short hold tenancy agreement
as defined in sections 19a of the housing act 1988 (as amended by the housing act 1996 ) and the provisions for recovery of possession by us in section 21 of the housing act 1988 apply accordingly.

This condition no longer applies if and when we serve a conversion notice and the agreement becomes an assured non short-hold tenancy agreement.

G_M

Well then the options are

1) they do not want to convert your tenancy to an Assured Tenancy (which gives you additional rights), but do want you to stay (presumably on a Periodic AST) so have served this notice

2) they want you to leave

There is some question as to whether what they have given you is actually a S21 Notice (hard to tell without seeing it, or you quoting it in full and accurately), so it may or may not be valid.

I also find it hard to believe a Housing association would issue a tenancy with a start date, but neither a Term, nor an End date.

theartfullodger

G_M wrote: »

...

I also find it hard to believe a Housing association would issue a tenancy with a start date, but neither a Term, nor an End date.

Does that not make the tenancy periodic from day 1?? (period = rent payable frequency..)???

I wouldn't find it hard to believe HA's doing loads of things... they ain;t always perfect landlords....

7Seven_2

My OP

Is the letter word for word

According to my agreement

My tenancy was on a week by week basis..

This sucks so badly

To know ill likely be homeless in a few weeks

Werdnal

owitemisermusa wrote: »

I'm not sure about these comments.

We don't know the specifics of the OPs situation but a blanket statement urging them to stay put inspite of what appears to be a properly served notice (AFAICS) doesn't sound appropriate.

Are you advising ALL tenants to ignore quit notices?

Firsty, I was not suggesting the tenant "stay put", but merely find out more when the Housing Association are back at work on Tuesday.

However, there is actually no such thing as "notice to quit" from the landlord's side of the deal. The notice the landlord serves is "notice seeking possession", and until or unless the landlord goes to court and gains a possession order at the end of the notice period, then the tenant does not have to leave - many do as they obviously want to secure another property, but legally the tenancy does not end on the service/expiry of the notice alone.

However, as I said above, we do not know the specific terms of the tenancy the OP has, and therefore cannot accurately advise if the notice they have received is even valid - on first glance under "normal" AST notice requirements, it is not, but I am unfamiliar with the terms of HA lets.

theartfullodger

No:

Even if (& I'm not convinced..) the notice is valid then it does not end the tenancy. The tenant, you, are not obliged to leave on expiry.

All the notice, if valid, will do is entitle Landlord to apply to the court for possession...

The ONLY way you can be forced to leave is by Landlord going to court & getting a court order, then getting bailiffs in. That's months away..

'phone Shelter **free** helpline 0808 800 4444 & discuss the case with them - they are the experts....

Best regards

Werdnal

7Seven wrote: »

My OP

Is the letter word for word

According to my agreement

My tenancy was on a week by week basis..

This sucks so badly

To know ill likely be homeless in a few weeks

Contact the council first thing on Tuesday morning and ask to speak to someone about your situation and get on the list for housing.

7Seven_2

Thanks everybody.

Im worried sick.. For the kids mainly.


We cant handle moving again
We were locked out of our previous private rental
And we had everything stolen by the LL

So it breaks us to be back to square one again.


I know I can stay put so to speak

Ive never been one to rock the boat as they say

Its not doing me any fabours by worrying I know
As ill not be able to find out anything yet anyway

But im so scared...really.

Anybody know if shelter are open over the weekend?

G_M

theartfullodger wrote: »

Does that not make the tenancy periodic from day 1?? (period = rent payable frequency..)???

....

Yes - You're probobly right artful.