Help! Can they do this?

MattyK

I moved into a rented flat in late July. They were very vague about what sort of tenancy agreement they were offering and kept saying "it's flexible for up to 3 years." It all had to be signed electronically so I didn't get to see a copy until I'd already paid my money. It turns out it is an Assured Shorthold Periodic Tenancy.

The leasing company turned out to be terrible and as a direct result of me asking for various repairs to be done, they have served me with a Section 21 Notice and told me they want me out within 2 months. However, a colleague has mentioned that you cannot be turfed out during the first 6 months of a new tenancy.

Anyone know what the deal is?

cloo

I think that anything calling itself as Assured Shorthold tenancy is a minimum of six months - what does it say on the tenancy itself?


Someone better informed will surely be along in a minute, but pretty much think the LL is taking the p*ss and hoping you'll not know better.

Levs01

From the quick bit of reading I just did from googling it says that a tenancy can start as a periodic tenancy and if that's what you have then yes he can do it as there is no fixed term.

Pixie5740

An AST can be for any length of time. However, you cannot be legally evicted during the first 6 months of the originally tenancy. Since your tenancy started after 1st Oct 2015 any Section 21 issued in the first 4 months of your tenancy will be invalid.

Also note that as your tenancy started after 1st Oct 2015 you are protected from retaliatory evictions arising after requesting repairs to be carried out.

https://m.england.shelter.org.uk/get_advice/eviction/eviction_of_private_tenants/eviction_of_assured_shorthold_tenants

pmlindyloo

Pixie5740 wrote: »

An AST can be for any length of time. However, you cannot be legally evicted during the first 6 months of the originally tenancy. Since your tenancy started after 1st Oct 2015 any Section 21 issued in the first 4 months of your tenancy will be invalid.

Also note that as your tenancy started after 1st Oct 2015 you are protected from retaliatory evictions arising after requesting repairs to be carried out.

https://m.england.shelter.org.uk/get_advice/eviction/eviction_of_private_tenants/eviction_of_assured_shorthold_tenants

Found this which agrees with your first part.

From Landlord Blog/Life

) It is possible start a tenancy with a periodic tenancy rather than a fixed term of 6 months or 12 months. You can do this by giving the tenant an initial term of just one month (or a week) and then just allowing it to run on. However, bear in mind you cannot serve notice to the tenant for at least 6 months, because they are still protected by their statutory rights which stipulates a shorthold tenancy cannot be shorter than 6 months. This can only be overturned if there is a mutual agreement by the landlord and tenant for the tenancy to end.

but cannot quote the actual legislation (wait for the 'experts')

As regards retaliatory evictions I doubt if the OP would meet all the criteria especially since they haven't been there that long. Could be wrong!

MattyK

Thank you. I am actually on the phone to Shelter now and the advisor says the first six months of any new shorthold tenancy has a Statutory Protection Period of 6 months and that any Section 21 notice served before the first 4 months have passed is invalid.

Pixie5740 wrote: »

An AST can be for any length of time. However, you cannot be legally evicted during the first 6 months of the originally tenancy. Since your tenancy started after 1st Oct 2015 any Section 21 issued in the first 4 months of your tenancy will be invalid.

Also note that as your tenancy started after 1st Oct 2015 you are protected from retaliatory evictions arising after requesting repairs to be carried out.

Guest101

Just to add to Pixie's post.


S.21 notice does not end a tenancy and, even if served correctly (which this isn't) does not require the tenant to leave

MattyK

I don't think I mentioned this in my original post, but the landlord also emailed me a Section 21 Notice on the very day my tenancy began! But now he seems to have ignored that one and has emailed a new Section 21 Notice.

Pixie5740

MattyK wrote: »

I don't think I mentioned this in my original post, but the landlord also emailed me a Section 21 Notice on the very day my tenancy began! But now he seems to have ignored that one and has emailed a new Section 21 Notice.

Sounds like your landlord could do with familiarising himself with the Degregulation Act 2015.

Guest101

MattyK wrote: »

I don't think I mentioned this in my original post, but the landlord also emailed me a Section 21 Notice on the very day my tenancy began! But now he seems to have ignored that one and has emailed a new Section 21 Notice.

Not relevant. It's just as invalid

ElsieMonkey

Sounds like you'd be better off out of the place anyway. And next time do not sign anything or part with any money until you have thoroughly read the contract.

On a side note, I've always thought tenants should be able to request references from past tenants about the landlord/managing agents, just like the LL/agent would for any tenant. Some people just shouldn't be allowed to be landlords!