Agency gives me notice after 6 weeks

tpbullets

Hi Guys,

Hopefully someone can advise me on my situation as it just seems wrong.

So I am in a house-share, which I have found through an agency. I paid £350 agency fee and deposit and of course 1 month rent before I moved in. In the contract I have signed it's for a 6 month contract and it does say that the landlord can give 4 weeks notice for a tenant to leave.

I've been there 6 weeks now and the agency have sent me a letter saying the landlord wants all tenants out of the property in 4 weeks from receiving the letter.

I've checked the laws and it says it must be a 2 month notice period and that can't be in the first 6 months. However, I did sign a document stating the 4 week notice.

I am tied to this 4 week notice, or can the law over rule this.

It seems like a complete waste of £350 agency fee and the costs to move just for 6 weeks. I really don't want to leave.

Any help please.

pmlindyloo

Please confirm whether the landlord is non resident or not and where you are in the UK - England/Wales/Scotland.

tpbullets

Hi,

The property is in London.

The landlord doesn't live here. I live with 3 other tenants.

benjus

First thing is to determine if you have an assured shorthold tenancy (AST). If it says AST on your contract, no problems. Even if it doesn't, you may still have an implicit AST - if you have exclusive use of part of the property (i.e. your own room) and the landlord doesn't live in the property or provide services like food or cleaning. Have a look here: http://www.netlawman.co.uk/ia/tenancy-agreement-best

If you've established that you DO have an AST, you have far more rights than if you just had a licence to occupy. An AST can only be terminated by the tenant leaving or by a court issuing a possession order after the landlord has followed one of the eviction processes. Any deposit you've given also has to be protected in a deposit protection scheme. If it is an AST, the landlord cannot obtain possession under the Section 21 process in the first 6 months of a tenancy.

So if it is an AST, you might respond with "how much will you pay me to buy me out of this contract?"

There are still circumstances under which the landlord could ask the court for a possession order, such as wanting to do significant refurbishment to the property. But the landlord still has to go through the court process, which could take months.

tpbullets

Thanks for explaining that. I have asked them to send me a copy of the contract as I didn't get a copy myself.

With regards to the amount, I mentioned the other day I want all expenditure returned at the end of this month. So deposit, agency fee and 2 months rent.

Is that a fair amount?

pmlindyloo

There is an eviction notice that can be issued by a landlord before the end of the 6 months fixed term of an assured shorthhold tenancy.

This is an eviction notice under Section 8 of the Housing Act.

The landlord would have to specify which 'ground' he is issuing it under. Ground 1 is when he/spouse wants to live in the property and has previously lived in it.

However, each 'ground' requires a certain period of notice. For ground 1 it is 2 months.

Then it is only a notice to quit and the LL would have to go to court to get a possession order.

See here:

http://en.wikipedia.org/wiki/Section_8_Notice

Guest101

I'd suggest negotiating early surrender- all deposit and fees returned, rent returned and moving costs paid. Otherwise they can more or less ( as above ) swivel.

A contract cannot overturn laws designed to protect tenants.

benjus

tpbullets wrote: »

Thanks for explaining that. I have asked them to send me a copy of the contract as I didn't get a copy myself.

Ok, but looking at that website I linked to, do you think the circumstances dictate that you must have an AST? No point in banging on about your legal rights until it's confirmed that you actually have them.

G_M

tpbullets wrote: »

Hi Guys,

I've been there 6 weeks now and the agency have sent me a letter saying the landlord wants all tenants out of the property in 4 weeks from receiving the letter.
.

It certainly sounds like you have an AST, since you have exclusive occupation of your room and the landlord is non-resident. I assume each housemate has a seperate contract? Did they all start at the same time (or have some housemates been there 6 months already?). Did they all receive the same '4 weeks notice' letter?

So

1) a 'letter' is legally meaningless and can be ignored

2) To end the tenancy, the LL must serve either a S21 Notice, or S8 Notice. In both cases he must then get a court order.

3) A S21 Notice cannot take effect in the first 6 months, so only a S8 is possible in your situation

4) A S8 must specify which of 18 'grounds' (reasons) is being used. Some are mandatory (ie if valid, the court must grant possession to the LL) and some are discretional (the court can decide based on the circumstances)

However, I suspect you have a LL who does not know/understand the law. This means he may take (illegal) action after the 4 weeks. I therefore recommend

a) you speak to your housemates, make sure you all understand your rights, agree what you all want to do, and act together.

b) you need to decide if you want to insiston staying 6 months (ie fight!), or leave in 4 weeks but with compensation (and all agree what compensation), or negotiate and agree to leave in, say 2 months, with compensation

c) write to the LL, a joint letter, explaining your rights, and suggesting your joint proposal.

d) if you suspect the LL might just turn up with his mates in 4 weeks, change the locks on the front door, get new keys cut for each of you. If the LL turns up and tries force to get in - dial 999.


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?)

tpbullets

Thanks guys.

I'm waiting to hear what the agents say back and still waiting for them to send me my contract.

RAS

Speak to the other tenants.

What do their "tenancy agreements" say (yours should be the same)?

Have they had the same letter?

When did they move in?