Tenancy ends on 31st can't get hold of landlord

Nancy2016

Please help.

I've been in my property 2 years. Never had rent arrears or been late paying. I go through a letting agent as the landlord lives in Australia.

Since July / August I have asked the letting agents what the landlord is planning. I have two disabled children so I'm needing to know our future. The agent said they will contact the landlord at a nearer time. In September, I asked again as per the signed contract it said either party has to give 8 weeks notice of either moving or renewal. Ever since then I have chased and chased but the reply from the agent is that they can't get hold of landlord.

Now to throw a spanner in the works, myself and my children have been offered affordable housing as our needs are changing and adaptions need to be made etc. The house is not ready for 2/3 weeks. My contract ends on Saturday here. What do I do?

The lettings officer at the social housing dept said that as I'm out of contract, I don't need to give notice but then will I lose my deposit? They hold £1700 that is needed for carpets etc at the new home.

If I tell the letting agent that I've been offered social housing and that I'm not renewing, can they chuck me on the street on Saturday?

I'm more than happy to pay for another 3 weeks rent, but does it work like that? I can't sleep as I'm so worried!

Thank you in advance.

Guest101

Nancy2016 wrote: »

Please help.

I've been in my property 2 years. Never had rent arrears or been late paying. I go through a letting agent as the landlord lives in Australia. - Are you in fixed term? When you signed up did you sign a 6 /12/24 month tenancy? Was this ever renewed? What was the date?

Since July / August I have asked the letting agents what the landlord is planning. I have two disabled children so I'm needing to know our future. The agent said they will contact the landlord at a nearer time. In September, I asked again as per the signed contract it said either party has to give 8 weeks notice of either moving or renewal. - Completely wrong. If you're in fixed term (which i suspect you are as you mention renewal?) then you dont need to give any notice to leave. However If you're in periodic I would need to read the clause in the contract, 8 weeks is strange, normally its monthly. - Do you pay rent weekly? Ever since then I have chased and chased but the reply from the agent is that they can't get hold of landlord.

Now to throw a spanner in the works, myself and my children have been offered affordable housing as our needs are changing and adaptions need to be made etc. The house is not ready for 2/3 weeks. My contract ends on Saturday here. What do I do? - What do you mean it ends on saturday?

The lettings officer at the social housing dept said that as I'm out of contract, I don't need to give notice - (well he or she is a moron, and once you're in your new home you need to complain to their manager as this is very bad information ) out of contract you definitely MUST give correct notice but then will I lose my deposit? They hold £1700 that is needed for carpets etc at the new home. - You could lose more than your deposit if you listen to that idiot

If I tell the letting agent that I've been offered social housing and that I'm not renewing, can they chuck me on the street on Saturday? - No, of course not. That would be a criminal offence

I'm more than happy to pay for another 3 weeks rent, but does it work like that? I can't sleep as I'm so worried! - depends if you pay rent weekly or monthly?

Thank you in advance.

Further info:

1: Where are you? England & wales / Scotland / NI?
2: how long and when you did get your tenancy? Have you ever renewed?
3: How often do you pay rent?
4: what does the tenancy say about what happens after the fixed term?

DandelionPatrol

Nancy2016 wrote: »

Please help.

I've been in my property 2 years. Never had rent arrears or been late paying. I go through a letting agent as the landlord lives in Australia.

Since July / August I have asked the letting agents what the landlord is planning. I have two disabled children so I'm needing to know our future. The agent said they will contact the landlord at a nearer time. In September, I asked again as per the signed contract it said either party has to give 8 weeks notice of either moving or renewal. Ever since then I have chased and chased but the reply from the agent is that they can't get hold of landlord.

Now to throw a spanner in the works, myself and my children have been offered affordable housing as our needs are changing and adaptions need to be made etc. The house is not ready for 2/3 weeks. My contract ends on Saturday here. What do I do?

The lettings officer at the social housing dept said that as I'm out of contract, I don't need to give notice but then will I lose my deposit? They hold £1700 that is needed for carpets etc at the new home.

If I tell the letting agent that I've been offered social housing and that I'm not renewing, can they chuck me on the street on Saturday?

I'm more than happy to pay for another 3 weeks rent, but does it work like that? I can't sleep as I'm so worried!

Thank you in advance.

It is perfectly normal, legal and acceptable to remain beyond the end of the contract. This is known as a Statutory Periodic Tenancy. So no need to lose sleep. Legally, you cannot be evicted just because you have come to the end of the contract period. The LL has to give you 2 month's notice, by means of a S21 notice and then go to court for a repossession order.

You will need to give 1 month's notice, to coincide with the end of a tenancy period - unless the 8 weeks notice is defined in the contract to apply after the end of the fixed term. Don't give notice until you have the new tenancy confirmed in writing.

What the housing officer said about leaving without notice only applies to Saturday, the last day of the contract, which is useless to you.

Nancy2016

Thank you for your message.

It's an assured short hold tenancy that was for 24 months. I pay calendar monthly by standing order on the 1st of every month.
Ive had a quick look through the tenancy and there is nothing about notice period? 8 weeks is what the agent said over the phone. I'm in south east England.

Pixie5740

What date did your tenancy start? That's the important date not the date you pay your rent on.

Was it 1st November 2013?

Nancy2016

Yes it was the 1st Nov 2013

DandelionPatrol

Nancy2016 wrote: »

Thank you for your message.

It's an assured short hold tenancy that was for 24 months. I pay calendar monthly by standing order on the 1st of every month.
Ive had a quick look through the tenancy and there is nothing about notice period? 8 weeks is what the agent said over the phone. I'm in south east England.

If there is nothing in the agreement, you can ignore the agent.

Nancy2016

Thank you!

Shall I contact the agent and ask for a periodic 1 month rolling type of thing then? I will hear on Friday about a date on the new property.

Pixie5740

You don't need to ask for a Statutory Periodic Tenancy at the end of your fixed term. It will automatically happen on 1st November because it's statutory law.

See Ending/Renewing an AST for further information.

Nancy2016

Thank you so much! You have no idea how helpful you have all been ��

Guest101

Nancy2016 wrote: »

Thank you so much! You have no idea how helpful you have all been ��

Just remember if you stay on, you will be liable for rent until 31st December 2015.