Help!! Landlord wants to sell up

theartfullodger

Well, unless there is a break clause s21 can't expire before 13 November 2016. Do nothing, see what landlord does next.

Best regards to all!

Marvel1

catalepticstate wrote: »

So to answer your questions:

1) date your tenancy started
>> 13th November 2015

2) end date of fixed term (if any), or length of term (6 months? 12 months? 24?)
>> 12 months

All I know is you do not have to leave before this date.

catalepticstate

I'm going to post the agreement in several parts: Here's part 1

The Term 12 months Commencing on: 13 November 2015 to 12 November 2016
The Rent £550.00 Payable every calendar month by standing order in advance on 13 November 2015 and every calendar month thereafter on the same date
The Deposit £550.00 to be held within a Tenancy Deposit Scheme
_________________________________________________________________________ GRANT OF THE TENANCY 2.1 The Landlord shall rent the Property, including the Contents, as an unfurnished property to the Tenant for the Term of this Agreement. 2.2 This agreement creates an Assured Shorthold Tenancy in accordance with Part I Chapter II of the Housing Act 1988. RENT 3.1 The Tenant must pay the Rent on commencement of this agreement - 13 November 2015 - and every month thereafter on the same date or before the subsequent dates. 3.2 If the Tenant fails to pay the Rent in accordance with this clause the Landlord shall then be entitled to use any statutory remedies that may be available in order to recover possession of the Property. 3.3 The Tenant shall pay the Rent by standing order. DEPOSIT 4.1 The Tenant shall pay to the Landlord the Deposit on or before the date of this agreement. 4.2 The Landlord shall be entitled to withhold a proportion of the Deposit, at the end of the tenancy that may be reasonably necessary to: 4.2.1 Repair any damage to the Property or Contents excluding fair wear and tear and any repairs that are the responsibility of the Landlord. 4.2.2 Replace any Contents detailed on the Inventory that are damaged, destroyed or missing. 4.2.3 Compensating the Landlord for remedying any major breach by the Tenant of the Tenant’s obligations under this Tenancy including covering the cost of cleaning the premises, its Contents, fixtures and fittings. 4.2.4 Pay any utilities for which the Tenant is liable, which are unpaid. These include water, gas, electricity and council tax charges. 4.2.5 Pay any Rent that is outstanding.
4.2.6 The Tenant shall pay the Deposit (on signing the agreement on the commencement date) to the Landlord who shall hold the same as Stakeholders during the Tenancy or until vacant possession shall be obtained of the whole of the Property and the Deposit or the balance thereof shall be returned to the Tenant within 30 days of either (i) the expiry of the Tenancy Term or ; (ii) in the event of any dispute resolution of that dispute by Court Order subject to deduction
of : (a)any monies due pursuant to the paragraph below; (b)any arrears of rent; (c) the cost of making good any damage or disrepair to the Property caused by the Tenant and (d) any other monies owed by the Tenant to the Landlord;
After vacation of the Property, an inspection will be undertaken and checked against the Inventory list and should the Property not be left clean and in good repair and decorative order and the garden well maintained, the cost of restoring the Premises and contents to the condition they should have been in had the Tenant complied with his obligations in the Agreement and any Rent due will be deducted from the Deposit paid at the commencement of the Agreement. Should the Deposit be insufficient to meet the dilapidation costs the Tenant shall be responsible for payment of the balance. Providing the inspection is satisfactory and there are no dilapidations costs or unpaid Rent the Deposit will be refunded to the Tenant in full.The Deposit shall in no circumstances be treated by the Tenant as Rent nor shall it relieve the Tenant of his obligations to pay rent. No interest will be paid on the Deposit. TENANCY DEPOSIT SCHEME 5.1 The Landlord shall use a custodial Tenancy Deposit Scheme. Within 14 days of receiving the Deposit the Landlord shall pay the Deposit into an account belonging to an approved Tenancy Deposit Scheme, and shall advise the Tenant that this has been done. 5.3 The Landlord has provided to the Tenant in writing the information required under section 213(5) of the Housing Act 2004 as set out in The Housing (Tenancy Deposits) (Prescribed Information) Order 2007 which is known as the “Prescribed Information”. 5.4 If the Landlord intends to withhold all or part of the Deposit they shall inform the Tenant of this within ten working days of the Tenancy ending. 5.6 Within fourteen days of the end of the tenancy the Landlord shall inform the Tenancy Deposit Scheme Administrator of the amount of the Deposit that is to be repaid to the Tenant.

catalepticstate

Actually on second thought, posting the agreement will only annoy the readers. So please let me know which section you want me to post if any.

catalepticstate

Maybe this:

TERMINATION BY NOTICE The Landlord or Tenant shall have the right to terminate this Tenancy by giving two months notice in writing to expire at any time on or after six months from the Commencement Date such notice to be delivered by hand or registered post by the Landlord to the Tenant or by the Tenant to the Landlord as appropriate. STATUTORY PROVISIONS The Tenant acknowledges that possession may be recovered under the provisions of Section 21 of the Housing Act 1988 as amended by the Housing Act 1996 in accordance with the provisions of that Section. POSSESSION BY MORTGAGE The Tenant acknowledges that the agreement may be broght to an end if the Bank/Building Society/Insurance Company as mortgages require possession on default of the Landlord as the borrower under Ground 2 Schedule 2 of the Housing Act 1988

AdrianC

catalepticstate wrote: »

I do think it's unfair on the tenant that the landlord can terminate a contract whenever they feel like it, imagine a tenant doing that, landlords up and down the country would go ape crazy!

It would be, but they can't.
Even in an SPT, a landlord has to serve two months notice, a tenant one. Even if and when that notice is up, that's the point a landlord can start legal proceedings to regain possession - and that possession may not be granted if the landlord hasn't done everything by the book.

AdrianC

catalepticstate wrote: »

TERMINATION BY NOTICE The Landlord or Tenant shall have the right to terminate this Tenancy by giving two months notice in writing to expire at any time on or after six months from the Commencement Date such notice to be delivered by hand or registered post by the Landlord to the Tenant or by the Tenant to the Landlord as appropriate.

So there you are. Six months after the start of the tenancy - 13 Nov 15, so 13 May 15, they can give two months notice.

catalepticstate

Ahh, I see so I need to start looking then.

Do you think it would be cheeky to ask the landlord a reduction in rent to help me move all my stuff out? I rented two vans to move my wife's stuff from her dads house and my stuff from my mums house, and now we have even more stuff to move.

G_M

catalepticstate wrote: »

Maybe this:

TERMINATION BY NOTICE The Landlord or Tenant shall have the right to terminate this Tenancy by giving two months notice in writing to expire at any time on or after six months from the Commencement Date such notice to be delivered by hand or registered post by the Landlord to the Tenant or by the Tenant to the Landlord as appropriate.

As AdrianC says, the LL can end the tenancy by serving a S21 Notice giving 2 months notice expiring on or after 12th May 2016.

But the S21 must be valid so when it comes
* the deposit must be ptotected - CHECK yourself with each scheme - see the link in my previous post above
* the S21 must be the correct version - see my post above

If not, you can ignore the notice. If it's correct, you still don't have o leave at the end of 2 months - the notice is just a warning that after that the LL may decide to evict you (via the courts).

AdrianC

catalepticstate wrote: »

Do you think it would be cheeky to ask the landlord a reduction in rent to help me move all my stuff out?

Yes, it would.