break clauses and priority need/vulnerable adult and social housing?

faerielight

I know it is so confusing.. I lost my tenancy from 5 years ago but i have been on a rolling tenancy since the fist fixed term tenancy ended.. all i have is this document and the one they got me to sign a month ago staring that my preexisting rolling contract with my old landlord and agency still exists but im with a new agewncy, then this document that ive not signed which states that the rolling contact ends on 28th dec.. that's all the info i have, thats what the agency is saying that the landlord want s his flat back, and he wont be renowing it after 18th dec.. what im confused about is that there is a fixed end to this periodic tenancy of 18th dec and that rolling/periodic tenancy has the 2 nonth break cause anyway so why he wants me to sign it giving him that i dont know as he can issue a section 21 anyway with 2 months notice.

I have absolutely no family, noone to stay with or help me when this ends , I have noone i can turn to.

Pixie5740

Right so it sounds like after your initial fixed term ended you started a Statutory Periodic Tenancy. If the letting agency are now trying to make you sign what they are calling a periodic tenancy which ends 18th December then no wonder you are confused. I'm bloody confused.

If the landlord intends to start the process of getting possession of the property back 18th December then I don't see the point in prolonging the agony. If you have to move you may as well get it over and done with sooner. So I say sign nothing and let the landlord issue a Section 21.

If you find yourself unintentionally homeless (evicted via Section 21) then the council will re-house you, maybe not somewhere great but you will have a roof over your head. Please do contact Shelter for support and advice.

cloo

I think you need to show your documents to someone at CAB or Shelter to get totally clarification on what the landlord is asking of you.

faerielight

thanks for bearing with me pixie! I had a years fixed term contract that started aug 2011 so since that ended I've not signed another fixed term contract so have been on a periodic /rolling tenancy since.. as i said a month ago i signed a document saying that there were no further changes to the periodic tenancy i was already on, except my landlord and agency changed.. I thought that was clear, until I got this document saying the wording that I copied, that it ends on 18th dec, but I presume that it's not been changed to a fixed term contract as the only document i have signed is saying that my rolling tenancy continues and all the fixed term contracts i have ever had state that it is a fixed term assured shorthold tenancy or whatever the wording is, but now they've added in new clauses saying it ends on 18th dec.. I'm going round and round in circles i know. I'm confused and terrified .. terrified of ending up in a b and b as it really traumatised me when i was in one on my 20s, and I'm tired of being evicted from every flat every 5 years for the last 25 years. I feel too mentally ill, too traumatised, too phsyically mashed up and too harrowed by the medical horros I've been through for the last 5 years.. too many life threatening times, too many major surgeries, too many hospital admitions a, too much physical and psychological damage, to be facing losing my home again, when I on;ly went through this 5 years .. ago. The psych who diagnosed the sever PTSD a year ago said that I will never feel safe again with my body and my health after the medical negligence, and all I crave to be able to start to rpocess and accept the trauma and life changing injuries, is a stable home.,. as it stands ive been living on adrenaline for 5 years, on top of the ptsd and bpd i already had anyway fro a history of severe abuse.. I'm so flipping harrowed.

Pixie5740

You're in a !!!! situation and it's not being helped by this new LL and LA. Do go and see your GP and do contact Shelter, they'll be able to help you with the council so that you won't just get palmed off.

G_M

I thought that was clear, until I got this document saying the wording that I copied, that it ends on 18th dec,

Can you confirm where this end date of 18th Dec comes from.

Is it what you currently have? as you originally suggested:

im def on a rolling contract and landlord is stating tat ends o 18th dec

Or is it what they now want you to have:

this document that ive not signed which states that the rolling contact

It sounds to me like you do NOT have an end date of 18 Dec, but they asking you to sign a new contract and if you do, then you will have an end date of 18 dec.

But you really are not clear.

G_M

the agency is saying that the landlord want s his flat back, and he wont be renowing it after 18th dec.

So if that is true, then the bottom line is that you will have to leave, at some point.

* either there's currently a fixed term till 18 Dec, in which case the LL can serve a S21 (in Oct) and go to court for possession in Dec (eviction will take another 1-3 months)
or
* they want you to sign a new fixed term with an end date on 18 dec, and then the LL can serve a S21 (in Oct) and go to court for possession in Dec
or
* you have a periodic (rolling) tenancy, and the LL can serve a S21 at any time and go to court for possession 2 months later

Either way I'm afraid you will need to move some time between November and Feb.

faerielight

I'm sorry im so confused. I dont know how to explain it any further.. I'm going to go to citizens advice tomorrow and take the document for advice.. I've been trying to ring shelter for a month now.. but it's impossible they dont put you in a queue

faerielight

Maybe you guys are right and it is a fixed term six month tenancy that they won't renew on 18th dec its not what the agency are saying on the phone but I will thanks for all the advice sorry its been so confusing go to cab tomorrow

Guest101

It matters not really.


After 18th December, at some point, either on the 19th December (if a valid s.21 notice has been served, but you aren't aware of it) or after the 19th Feb, the new LL will apply to the courts. 2-6 (or more) weeks later the courts will grant a possession order, 2-6 (or more) weeks after that bailiffs will notify you or your date of eviction.