End of Tenancy, S21 and rolling contract

sweet_escape

Morning all,
I've been in my flat for 8 years now, renewing every 12 months and paying the agency fee to renew. This year I can't afford to pay the renewal fee and wanted to go onto a rolling monthly contract that I've seen can happen from looking at google.
Now my estate agent always sends me a S21 two months before the end of the 12 month tenancy...If I do not sign for another year, will the S21 still be valid, or once I go onto a rolling monthly will they have to send a new S21?
Just want to know If I don't renew will I have to leave like ASAP or would I have another two months.
Thankyou x

Comms69

It will still be valid.


But the agent cannot evict you. Only a Landlord can do that. (it could be the agent is actually the landlord, check - but 99/100 they're not)

sweet_escape

Oh no thats not what I wanted to hear lol.
It is an estate agent yes, Thankyou for your help x

sal_III

How much is the renewal fee? Is it worth risking eviction + move costs + new tenancy fees over it? Maybe try to negotiate it down.

Comms69

sweet_escape wrote: »

Oh no thats not what I wanted to hear lol.
It is an estate agent yes, Thankyou for your help x

That's not what I meant.


who is named as landlord on your tenancy agreement? - That is the only person who can evict you.

Pixie5740

sweet_escape wrote: »

Morning all,
I've been in my flat for 8 years now, renewing every 12 months and paying the agency fee to renew. This year I can't afford to pay the renewal fee and wanted to go onto a rolling monthly contract that I've seen can happen from looking at google.
Now my estate agent always sends me a S21 two months before the end of the 12 month tenancy...If I do not sign for another year, will the S21 still be valid, or once I go onto a rolling monthly will they have to send a new S21?
Just want to know If I don't renew will I have to leave like ASAP or would I have another two months.
Thankyou x

1) They're a letting agent not an estate agent. 2) They're not "your" anything as you have no contract with them.

There are many things that can invalidate a Section 21 - read the Tenancies in England/Wales sticky at the top of the board. Even if it is valid I seriously doubt it will ever be used. The Section 21 itself cannot be used to end the tenancy and as Comms69 says it's the landlord who need to go to court to get a possession order not the letting agent. Would a right minded landlord go to the time and expense of evicting a perfectly good tenant? No, (s)he would not.

sweet_escape

Sorry I'm not sure how to quote reply but SAL I'm kind of stuck between a rock and a hard place, I can't afford to live here for much longer as the rent will be going up if I renew and also can't afford to move.

Comms69 I do know what you meant regarding agent vs landlord sorry for the confusion
And Pixie thankyou x

saajan_12

sweet_escape wrote: »

Morning all,
I've been in my flat for 8 years now, renewing every 12 months and paying the agency fee to renew. This year I can't afford to pay the renewal fee and wanted to go onto a rolling monthly contract that I've seen can happen from looking at google. - okay, so do nothing at it will automatically become a periodic tenancy from the day after your fixed term ends. Does you latest tenancy agreement mention anything about what happens after the fixed term? If yes then you'll be on a CPT, else SPT.
Now my estate agent always sends me a S21 two months before the end of the 12 month tenancy...If I do not sign for another year, will the S21 still be valid, - yes, if you DO sign again then that would superseed the S21. If you DON'T agree a new tenancy then the S21 could be valid if they've followed all the other criteria (eg gas certs, deposit protected etc). or once I go onto a rolling monthly will they have to send a new S21? - no, that would be silly.. the original S21 could only expire at the end of the fixed term and notifies you of the LL's intention to go to court. IF you stay on 1 day, then that doesn't just wipe out the notice!
Just want to know If I don't renew will I have to leave like ASAP or would I have another two months. - You wouldn't get another 2 months S21 notice period, but the original S21 expiring doesn't mean you have to leave. It only notifies you of the LL's intention to go to court. AFter that expires (ie at the end of your fixed term) they would need to go to court, get a possession order which woudl give you a few weeks, and then they call bailiffs to force you out.. I'd expect anywhere from 4-10 weeks after the S21 expires.
Thankyou x

S21 would still be valid if they've fulfilled all the other criteria. Once that expires you still have ~4-10 weeks while the LL applies to court for a possession order, that expires and the LL calls bailiffs. Note you would be liable for court costs for all this.
However if you're a good tenant and the LL wants continuity of rent, then its unlikely they would evict you..

sweet_escape wrote: »

Sorry I'm not sure how to quote reply but SAL I'm kind of stuck between a rock and a hard place, I can't afford to live here for much longer as the rent will be going up if I renew and also can't afford to move.

Then I would get looking for a cheaper place asap. Movign involves upfront removals costs + tenancy fees + deposit etc which will be harder once you've run down your savigns even more with a high rent. This could be a good time to move if you're nearing the end of a fixed term, as you should be able to leave at the end of the fixed term without notice, if you find something new quickly, so you can minimise the overlap in rent. If you leave it too late and get into arrears when you can't afford to move, then you'll have difficulty getting council help if you're considered intentionally homeless.

sweet_escape

Thankyou SaaJan you explained it prefectly for me! x

Pixie5740

Essentially the issuing of a Section 21 is just an aggressive tactic used by the letting agent to get you to cough up money for the privilege of them changing a date on a contract and then hitting Ctrl+P.

sweet_escape

Lol Pixie, Dont I know it! :wall: