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

G_M

Good grief! What a lot of conflicting informtion! Poor OP - how will you know which posters above are talking rubbish (some of them!), and which are giving accurate advice?

The tenancy does not end if the LL changes.

The LL cannot evict except by first serving a S21 (or S8 if applicable) Notice, and then applying to court.

For fuller details, read:

* Ending/renewing an AST: what happens when a fixed term ends? How can a LL or tenant end a tenancy? What is a periodic tenancy?

tc1992

SerialRenter wrote: »

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.)

or E) they serve me the 2 months notice?

and if these are all the cases, i should be ok till January 11th

theartfullodger

You'll be safe probably for 40+ weeks.

Just because a place is sold does not end tenancy nor require Tenant to leave. New owner simply becomes new Landlord:. Even if outside with huge removal van, 3 bonkers kids and a screaming hubbie.

tc1992

saajan_12 wrote: »

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.

thankyou . . so it's looks like i have the 3 months (or longer if i want to decide to "stay put" but i really want to avoid that route). As i said, i have a good relationship with them, but business is business so if they decided to make a tough move me on for whatever reason (which i think is unlikely - more likely that they will try and help me out), just need to know where i stand. I think best thing to do is talk direct with them

Thankyou all for contributions, even if i have not replied directly

Comms69

tc1992 wrote: »

or E) they serve me the 2 months notice?

and if these are all the cases, i should be ok till January 11th

No, notice DOES NOT end a tenancy!

tc1992

G_M wrote: »

Good grief! What a lot of conflicting informtion! Poor OP - how will you know which posters above are talking rubbish (some of them!), and which are giving accurate advice?

The tenancy does not end if the LL changes.

The LL cannot evict except by first serving a S21 (or S8 if applicable) Notice, and then applying to court.

For fuller details, read:

* Ending/renewing an AST: what happens when a fixed term ends? How can a LL or tenant end a tenancy? What is a periodic tenancy?

good link, thanks!

Mrs_pbradley936

When all is said and done if you are in good terms why not just say that you are moving and ask if can you stay til you have a date? Then you can give Notice and tie up all loose ends with no hostility and less stress.