house rental urgent advice please

gooders44

LL as given us s21.....am I right in thinking that as he has done this I am unable to do the SPT route

fishpond

Depends on the dates of the tenancy agreement and the dates on the issued S21 and possibly how it is worded.

[Deleted User]

It doesn't mean that you can't go the SPT route, it may mean the LL doesn't have to wait two months after the end of the fixed term to apply to court for a possession order. This depends on if the S21 was given after receipt of the deposit.., and if all details on the S21 are correct.

Has the LL protected your deposit? If not you can use this as ammunition.

franklee

Suggest you check to see if the section 21 is valid. Was it served after any deposit was protected and deposit prescribed information given to you. Are the dates right etc.

As the landlord wants some protection against your paying rent late in future and you don't have a guarantor how about you offer to increase the deposit instead, say by another month. That way he'll have two months of your money as a safeguard instead of one. In return you want the current section 21 withdrawn in writing.

Suggest you point out to your LL that your remaining on a periodic tenancy is better than signing a new fixed term as should he not be happy in future he will be able to serve you two months notice anytime he likes without waiting for a new fixed term to end. So letting you stay on a periodic tenancy adds no more risk to him than he already has now. In fact it's less risk than getting in a new tenant as he knows you take good care of the property (assuming you do) and in switching tenants he'll have a loss of rent when the property is empty and more fees etc.

Meanwhile start saving like mad you need to have the funds to be able to move in any case as you only have short term security on an AST.

ShaunParker

Seems a little harsh if you are up to date and the previous late payments were minor in delay. I think the advice of offering a larger deposit would show good faith unless the landlord wants you out for other reasons.

CKhalvashi

Seems very harsh for a few days delay in payment IMO.

If it was weeks or months, then definitely, but few days could be as simple as not being able to get to the bank to make a payment.