Periodic Tenancy and eviction threats from agency/property manager

arthurfowler

Hi there, 
I am on a statutory periodic tenancy (the original fixed term 12 month agreement ended in July 2017). 
The property agent emailed and wants me to sign a new contract, which I am extremely cautious of in the current climate. The email from the property agent says if I do not they may start marketing the property. 
I have paid rent on time for four years etc, no problems at all. 
My question is, if we refuse to sign a new 12 month agreement, the property agent/landlord could just serve us two months notice and we would be evicted right? Is this now 3 months due to Covid-19?
Can the landlord just evict with 2 months' (or 3 months due to Covid) notice by serving a section 21?
P.S. I don't have any issue with the landlord. I think the property manager is just out to make some money. But I do want to know where I stand. 

AdrianC

No, it's still two months s21 notice. The only change due to Covid is that - when that notice expires - they cannot currently seek a possession order through a court. They cannot "evict" without that possession being granted.

Remember, the agent works for your landlord. But they may be going out on their own on this one - the landlord may be quite happy to see you stay on a periodic tenancy.

princeofpounds

This link should answer most of your questions:
https://england.shelter.org.uk/housing_advice/eviction/section_21_eviction

But the basics are that it's now three months' notice first of all, then it usually takes a couple more months minimum to get to court, let alone actually enforcing an eviction, and during the special Covid period all such cases are suspended anyway. 

You should tell them that you have a statutory periodic tenancy in place that remains fully valid, and that you will not permit any marketing of the property, nor is it necessary as you intend to remain a reliable tenant for the foreseeable future.

If they press you, it may be worth opening a direct line of communication to the landlord. It may be they are not aware of the actions of the agent, or that they are misinformed about the need for a new agreement (if they want a new rental rate then they have the Section 13 route for that). Sometimes, however, they do need you to sign a fixed term contract to meet the terms of certain insurance that they have. But if so you can discuss that. 

Comms69

also remember that an agent cannot evict, only a LL, or a solictor on his/her behalf, can seek a possession order

greatcrested

AdrianC said:

No, it's still two months s21 notice. The only change due to Covid is that - when that notice expires - they cannot currently seek a possession order through a court. They cannot "evict" without that possession being granted.

Remember, the agent works for your landlord. But they may be going out on their own on this one - the landlord may be quite happy to see you stay on a periodic tenancy.

Not sure that's right. The Coronavirus Act 2020 schedule 29 amends the Housing Act so the S21 has to have a 3 month expiry date.

Assured shorthold tenancies

7Section 21 of the Housing Act 1988 (recovery of possession on expiry or termination of assured shorthold tenancy) is to be read, in relation to notices given under subsection (1) or (4) of that section during the relevant period, as if—

(a)in subsection (1)(b) for “two months’” there were substituted “three months’”,

(b)in subsection (4)(a) for “two months” there were substituted “three months”, and

(c)in subsection (4E)(b) for “two months” there were substituted “three months”.

steampowered

The landlord is not going to try and evict in the middle of Covid-19. They are not going to find it easy to find a new tenant, let alone the fees they'd have to pay to the letting agency.

I'd just ignore the agent. Simply tell them that you aren't prepared to sign up to a new 12 month tenancy, end of discussion.

arthurfowler

Thank you all. Every time I have asked for landlady contact details and/or address in the past, they have simply ignored the request. Hopefully this just goes away. 

Slithery

Have you asked in writing? If you have and the agent refuses then they are committing an offence...

Landlord and Tenant Act 1985 Section 1

TripleH

Some great advice above Op. Follow that posted by Slithery as soon as possible.
A tenant who pays on time and causes minimal issue to a landlord is always going to be desirable over an unknown possible tenant from hell.
The Letting Agent is trying to get you to sign a new contract merely so they can earn a nice big fee for said contract and I suspect they will try any trick under the sun to try and convince you they know best.

princeofpounds

You may also be able to get address details for the landlord from the land registry website, only costs a couple of quid. 

ProDave

Can I ask what you have against signing a new 12 month tenancy?

Are they asking for more rent?

Are you intending to leave soon anyway so you would not want to be tied to 12 months?