Can anyone confirm how long i have before my landlord evcits me (she's selling)

tc1992

LEJC - do you think if i have the right to leave at the end of the tenancy, then they have the right to ask me to leave at the end of the tenancy. I'm still not sure whether this 12 month contract i am on is really an extension of the original 6 month tenancy, or effectively a completely new separate tenancy . . meaning that they could throw me out on the 11 November - which of course is the worry. I originally signed a 6 month contact and have had 3 x 12 month contracts since.

Crashy_Time

https://www.todaysconveyancer.co.uk/news/more-1-in-4-house-sales-fall-through/

Rambosmum

OP - stay put and don't worry until you are served notice. Only you or the court can end your tenancy.


Your Landlord would need to serve you 2 months notice, then get a warrant from court, then appoint bailiffs to force you to move out.


You Landlord is unlikely to want a void period and so will likely only serve notice once he's received an acceptable offer on the property.

chappers

Can anyone confirm how long i have before my landlord evcits me.

76 days 14hrs 12mins 64 secs

Alter_ego

Mrs_pbradley936 wrote: »

Yes it has changed- it used to be routine to give a Section 21 at the same time as a fixed term. Now you have to do it least 4 months into the tenancy.

Yes I know, S21 makes no difference though. It's a notice of intention to apply to the court (as I understand it)

Mrs_pbradley936

tc1992 wrote: »

LEJC - do you think if i have the right to leave at the end of the tenancy, then they have the right to ask me to leave at the end of the tenancy. I'm still not sure whether this 12 month contract i am on is really an extension of the original 6 month tenancy, or effectively a completely new separate tenancy . . meaning that they could throw me out on the 11 November - which of course is the worry. I originally signed a 6 month contact and have had 3 x 12 month contracts since.

They still have to send you formal Notice. That is why my previous post was misleading because at one time with a fixed term (if they had no intention of letting it become rolling) you would have been given that Notice along with all the other paper work and signed for it etc. The don't do it like that any more (since October 2015).

SerialRenter

No, you cannot be kicked out on the last day of the 12 month contract.

The tenancy can only be ended in the following ways:
A) You leave at the end of the contract.
You serve 1 months notice once you're in the periodic tenancy, aligned with the tenency period.
C) The landlord and you mutually agree to end the tenancy.
D) The landlord goes to court to regain possession after having served notice.

Your contract will automatically become a statutory periodic tenancy once the contract gets to the end of its period, unless the contract says otherwise. (then it would be known as a contractual periodic tenancy.)

saajan_12

tc1992 wrote: »

LEJC - do you think if i have the right to leave at the end of the tenancy, then they have the right to ask me to leave at the end of the tenancy. I'm still not sure whether this 12 month contract i am on is really an extension of the original 6 month tenancy, or effectively a completely new separate tenancy . . meaning that they could throw me out on the 11 November - which of course is the worry. I originally signed a 6 month contact and have had 3 x 12 month contracts since.

It would likely be the same tenancy as you have maintained occupation but a new 12 month fixed term. It's not symmetrical:

**you can choose to leave by the end of the current fixed term without notice

**LL can't evict you so if you stay beyond the fixed term you'll automatically have a periodic tenancy (CPT or SPT). As 6 months from the start of your tenancy have elapsed, assuming the LL has met all the other conditions, the LL can:

- serve section 21 notice of intention to apply for a possession order [2 months]
- get possession order from court, which it will grant unless you show the 21 notice was invalid) [2 weeks - 2 months]
- wait for possession order to expire (you may be able to request a particualr time frame if it is reasonable e.g. wait a few more days as you'll complete on your purchase. Not guaranteed though) [2 weeks - 2 months]
- get a warrant for bailiffs [2 weeks - 2 months]
- bailiffs evict [1 day]

As you can see there can be lots of variation between different courts, but from today it could be 2 months -
8 months. If however the section 21 notice is invalid (theres a long checklist of potential reasons then the whole process starts again so you'll have longer.

theartfullodger

The government published figures on how long it takes if Tenant waits for bailiffs are 40+ weeks

Comms69

tc1992 wrote: »

LEJC - do you think if i have the right to leave at the end of the tenancy, then they have the right to ask me to leave at the end of the tenancy. I'm still not sure whether this 12 month contract i am on is really an extension of the original 6 month tenancy, or effectively a completely new separate tenancy . . meaning that they could throw me out on the 11 November - which of course is the worry. I originally signed a 6 month contact and have had 3 x 12 month contracts since.

They can 'ask' you to wear a pink tutu, they cannot force you to leave at the end of the fixed term.


They CANNOT throw you out on Nov 11, end of. literally that would be a criminal offence