Notice to Quit - No Tenancy Agreement

sidced

Hi there, could someone advise us with regards to a Notice to Quit that we have received.

Basically we are in a private rental, never had a written tenancy agreement nor signed anything, no inventory was carried out, never paid a deposit, LL said didn't need to. Everything was verbal. So have been living in current property for 4 years paying rent by standing order each month.

Have now received a notice to quit section 21 with Form 6A which refers to Assured Shorthold Tenancy.

I have spoken to someone who seems to think we are actually on a Contractual Periodic Tenancy rather than AST.

In which case apparently the notice should expire on the last day of the month after 2 clear months rather than 2 months from date of notice ie the middle of the month.

Also if it is correct that we are on a Contactual Periodic Tenancy does this make the Notice to Quit that we have in our possession invalid?

Hopefully someone can straighten this out for me as I can't find much online regarding Contractual Periodic Tenancies.

Thanks so much.

Comms69

sidced wrote: »

Hi there, could someone advise us with regards to a Notice to Quit that we have received.

Basically we are in a private rental, never had a written tenancy agreement nor signed anything, no inventory was carried out, never paid a deposit, LL said didn't need to. Everything was verbal. So have been living in current property for 4 years paying rent by standing order each month.

Have now received a notice to quit section 21 with Form 6A which refers to Assured Shorthold Tenancy.

I have spoken to someone who seems to think we are actually on a Contractual Periodic Tenancy rather than AST.

In which case apparently the notice should expire on the last day of the month after 2 clear months rather than 2 months from date of notice ie the middle of the month.

Also if it is correct that we are on a Contactual Periodic Tenancy does this make the Notice to Quit that we have in our possession invalid?

Hopefully someone can straighten this out for me as I can't find much online regarding Contractual Periodic Tenancies.

Thanks so much.

I'd stop listening to them....


It's 2 months notice, not aligned to rental periods. HOWEVER you don't have to move out. It's notice of intention to seek possession, not a notice to quit.


What are you wanting exactly? You will eventually be made to leave, so how much time do you need?

Pixie5740

You pay rent ergo a tenancy exists. Whoever you spoke to is almost correct. You do have a Contractual Periodic Tenancy but a Contractual Periodic Tenancy is an Assured Shorthold Tenancy. There are several things that can invalidate a Section 21, having a Contractual Periodic Tenancy is not one of them.

Read G_M's guide to Ending and Renewing an AST: what happens when a fixed term ends? How can a LL or tenant end a tenancy? What is a periodic tenancy?

sidced

Thanks both, we have got the ball rolling on another property, just haven't got any dates yet. Was trying to find out how we stand so we know how much time we can buy. We're not refusing to go, just not sure it will be by the date on the notice.

Comms69

It takes on average 40 weeks to evict a tenant

theartfullodger

Yes, s21 OK - but probably not valid.

6a format requires landlord to have served you (not just he's got..) EPC, GSC & "How to rent" booklet & for any deposit to have been correctly protected & PI served within 30 days. Bet not all those have happened...

see.
https://www.gov.uk/guidance/assured-tenancy-forms#form-6a
& in particular
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/515661/Notes_to_Form_6A_FINAL.PDF

Further, in a non-binding judgement it was found not having served a Gas Safety cert at the beginning of the tenancy invalidated s21, even though served later -
Assured Property Services Ltd v Ooo, Edmonton County Court

So likely (I suspect..) s21 is invalid. And even a valid s21 does not end a tenancy nor require tenant to leave so do nothing for the moment.

If s21 expires then you get court papers, call Shelter 0808 800 4444, talk through the case, EPC, GSC & "How to rent" & deposit & see what they advise.

wantonnoodle

theartfullodger wrote: »

Yes, s21 OK - but probably not valid.

6a format requires landlord to have served you (not just he's got..) EPC, GSC & "How to rent" booklet & for any deposit to have been correctly protected & PI served within 30 days. Bet not all those have happened...

As the OP has stated they never paid a deposit, it will be difficult to comply with deposit protection regulations. I would suspect that the deposit protection requirements element will be overlooked. Of course, the EPC and GSC and how to rent stuff may well still apply, but given that this appears to be a very informal tenancy, I can't see the landlord having gone out of his way to acquire a single copy of the how to rent booklet to pass to his tenant.

AdrianC

sidced wrote: »

Thanks both, we have got the ball rolling on another property, just haven't got any dates yet. Was trying to find out how we stand so we know how much time we can buy. We're not refusing to go, just not sure it will be by the date on the notice.

It would seem that the best way forward is to be all grown-up and cooperative about this.

TALK TO THE LANDLORD.

Explain the situation and timings to them. Keep your powder dry when it comes to any perceived flaws in the s21 - work with him, not against him.

theartfullodger

Adrian:.

What specific advantages do you think there would be for Tenant to speak to landlord at the moment, please? I can see some for the Landlord but none for Tenant but probably I'm thick.

Cheers!

AdrianC

Expectation management. The tenant wants out, the landlord wants the tenant out. The only question is one of dates.

rentmekid

Sounds like you have a Gentleman's agreement.


Therefore, well done for being a man and looking for elsewhere, however it is best to speak to you landlord and discuss timescales