Can my landlord decline a periodic tenancy?

Gycraig

Charliebiscuit9 said:

Thank you everyone for your responses. My landlord is continuing to deny that rolling onto a CPT is an automatic process at the end of my fixed term, even after I have pointed it out in the tenancy agreement. 

Will deferring to information in the Housing Act 1988 be enough? I'm wondering if I should give up on any hope our relationship will stay amicable.

This isn’t going to end amicably your landlord shouldn’t be a landlord and has no idea what he is doing. 

MaryNB

Any attempt by your landlord to evict you from the property without court bailiffs being present (i.e. after he's issued a valid s21, waited for it to expire, applied to the court, received a court order for eviction and booked in bailiffs) is an illegal eviction which is a criminal offence. 

He cannot end the tenancy, only you (at the appropriate time, e.g. end of fixed term) or a court can. 

There's no obligation on you to do anything, just hand your notice in (within the appropriate time frames) for when you want to leave. 

theoretica

Have you always dealt with the landlord directly, or was there ever an agent involved?  If there is an agent, suggest they explain the legalities to the landlord...

Charliebiscuit9

theoretica said:

Have you always dealt with the landlord directly, or was there ever an agent involved?  If there is an agent, suggest they explain the legalities to the landlord...

Yes, very briefly at the start of my tenancy I spoke with a lettings agent about the pet policy. Other than that, it has just been my landlord directly (and the estate agents who organised viewings/keys). 

Gavin83

Charliebiscuit9 said:

Thank you everyone for your responses. My landlord is continuing to deny that rolling onto a CPT is an automatic process at the end of my fixed term, even after I have pointed it out in the tenancy agreement. 

Will deferring to information in the Housing Act 1988 be enough? I'm wondering if I should give up on any hope our relationship will stay amicable.

This won’t end amicably. His mistake will cause him a lot of problems and he’ll no doubt blame you for this, even though it’s not your fault.

I’d suggest changing the locks. Appreciate it’s only for a month but if he has such a lack of knowledge or disregard for tenancy laws I wouldn’t put it past him to let himself in and cause problems.

SiliconChip

Gavin83 said:

Charliebiscuit9 said:

Thank you everyone for your responses. My landlord is continuing to deny that rolling onto a CPT is an automatic process at the end of my fixed term, even after I have pointed it out in the tenancy agreement. 

Will deferring to information in the Housing Act 1988 be enough? I'm wondering if I should give up on any hope our relationship will stay amicable.

I’d suggest changing the locks. Appreciate it’s only for a month...

I was going to say the same, and of course as the original locks have to be put back when the OP does leave they'll have the new ones ready to be used from the start at the next place they live.

hazyjo

Just change the barrel, not the entire lock.

bouicca21

I think OP needs to check the statute that makes unlawful eviction a criminal offence, so they can quote it at the coppers who often think it’s a civil matter.

diego_94

Ignore him now. You are in the right, further discussions are pointless.

Just continue to pay rent, and then give proper notice as per your tenancy agreement so you leave when you want to. 

AND CHANGE THE LOCKS!! But keep them to put back when you move out.

canaldumidi

bouicca21 said:

I think OP needs to check the statute that makes unlawful eviction a criminal offence, so they can quote it at the coppers who often think it’s a civil matter.

Protection from Eviction Act 1977 (speaks for itself really. Also makes harrasment a criminal offence)

hazyjo said:

Just change the barrel, not the entire lock.

Depends on type of lock.

https://duckduckgo.com/?t=ffsb&q=utube+change+yale+barrel&atb=v320-1&iax=videos&ia=videos&iai=https://www.youtube.com/watch?v=VXAo7zSN-9o

https://www.youtube.com/watch?v=IIPyqtOmprE