LA not accepting rent

Mr_Moo_2

Proceed on the basis that you are on a periodic tenancy - given you are still there. So continue to pay rent, and make sure you give notice as required under a SPT as and when your house deal has exchanged.

If the LL wants you out then they will need to seek eviction. That is the stage at which the claim will be dismissed if the S21 is invalid. Even it if is valid there is the court process and the subsequent eviction still to get through so you should have plenty of time to complete on your purchase.

Zorz_2

theartfullodger wrote: »

I would not want to be seen to agree to no rent being paid as that changes the rules and type of tenancy you have (eg it can't be an AST any more..)

I agree with the suggestion to keep paying rent, but not with the reasoning. Not paying the rent doesn't affect the type of the tenancy as far I know. It definitely can't be an AST anymore, the fixed term has lapsed and they are on a STP right now. If they didn't pay the rent, they would still be in a STP, the only difference is that the landlord would eventually have grounds for a s8 eviction.

donfanatico wrote: »

Also, if the S21 was indeed incorrect, you are now in a SPT meaning you will need to give one months notice in writing.

twink22 wrote: »

The agent insists we are not on a statutory periodic as they have served notice, I believe we are as notice was incorrectly served. They are trying to refund our rent to us today.

Serving a s21 notice (whether successfully or not) does not change the nature of the tenancy. You still have a tenancy, a Statutory Periodic one for that matter (since your fixed term AST has ended and you stayed in the property) and the only thing a proper s21 notice will do is that upon it's expiration, the landlord can apply to the courts for possession.

theartfullodger

Zorz wrote: »

I agree with the suggestion to keep paying rent, but not with the reasoning. Not paying the rent doesn't affect the type of the tenancy as far I know.

....

My point

I would not want to be seen to agree to no rent being paid as that changes the rules and type of tenancy you have

was not about not paying rent but about not agreeing to not paying rent after the agent (as agent of landlord) has proposed no rent..

If it is agreed a tenancy is for no rent then under HA 1988 Schedule 1 Part 1 (3) says
http://www.legislation.gov.uk/ukpga/1988/50/schedule/1/part/I/crossheading/tenancies-at-a-low-rent
Cannot be (may not be, not legally possible to be) an AST.

Zorz_2

theartfullodger wrote: »

My point was not about not paying rent but about not agreeing to not paying rent after the agent (as agent of landlord) has proposed no rent..

In that case I see your point, not agreeing with the LA's proposal.