Advice For Tenants

Mahsroh

TheCatSitter said:

The previous letter we had already sent to the landlords has been answered through the agency this morning anyway. Stating they wish us to leave on the date the tenancy ends and will not enter into further communication regarding the matter and that no negotiations for an alternative outcome will be considered.

At this point I’d say nothing, and await the S21. Irrespective of the agents response above, they can’t simply make you leave on the date that your fixed term tenancy expires and they will be fully aware of this. 

TheCatSitter

Mahsroh thank you for the reply. Yes literally all we can do is wait now. It’s going to be a nerve racking time for us. X

[Deleted User]

AdrianC said:

If the landlord wants to move back into the property, having previously lived there, it wouldn't need to be s21. s8g1 would cover that - and is a mandatory s8 ground.

That's still six months notice, though, currently.

And the queue for a possession hearing is still the same once the notice ends in December or later... The only difference is that the i-dotting-t-crossing of s21 doesn't apply, and correctly issued notice can't get thrown out once it reaches court. In about 2023 or 2024.

I’m pretty sure you can only use a Section 8 Ground 1 if it’s stated in the tenancy agreement that the property was previously the landlord’s residence and that the landlord intends to return or might intend to return. Something to that effect. 

TheCatSitter

Lover_Of_Lycra thank you. If it helps in anyway I don’t know, but the agency wrote to us before the property has had several previous tenancies and the owners have lots of rental properties. X

unforeseen

The LL needs to give notice at the start of the tenancy that they will be giving notice under S8 ground 1.
https://landlordlawblog.co.uk/2016/01/27/grounds-for-eviction-ground-1-returning-owner-occupier/
This assumes that the LL has previously used that property as their main residence. If not they are pi**ing into the wind

TheCatSitter

Thanks Unforeseen. We were not given any notice at the start of our tenancy of this.

I just want to thank all that have taken time out of there own day to respond to this. We are really thankful x

deannagone

We don't know what your circumstances are, how long you weren't in the country for etc which will (I think) affect your benefits if you aren't working.  Right now I'd be looking at getting all the money you can in and cutting your expenses to the bare minimum, if you haven't already.  I realise you may not be in ideal circumstances for this.  Try the benefits board if you need to claim HLA.  I'm not at all sure how being out of the country will affect your ability to claim this, if you haven't already. You may have been in this country long enough to claim now but I'm not sure.

glennevis

TheCatSitter said:
We signed a 12 month contract. Expires late December.

We paid six months rent in advance. The next payment isn’t due until end of June which we were expecting to go to monthly payments at that point, however contract says another six month payment.

This point still needs addressing. If you signed a written contract to pay six monthly then you can be required to do that. But it could actually work to your advantage and give you more time if you continue to pay six monthly.

Is it the case that the rolling periodic tenancy will become a rolling period of SIX months because the LL chose to write the six month rent payment period into your contract?

More knowledgeable posters care to comment?

TheCatSitter

Glennevis - Thank you. So it stands that it states we have to pay a further six month payment in advance. However the agency have emailed a response stating that the landlord is not willing to amend the contact to monthly payments, however understands that we will only pay monthly.

Thanks x

TheCatSitter

I have been going through the contract again, and I’m guessing it doesn’t make much difference there is a mistake make on the contract?

On one of the first few pages on the summary of the contract it stated to pay X amount on this date. Then all further payments of X amount to me paid monthly thereafter on X date of each month.

Then much later in the contract stating rent to be paid in six months and six months again.

Thank you everyone x