Estate Agent & Landlord refusing to give new tenancy agreement until 3 months later

byronwells

Alright peeps

this is going to be a long one and I will do my best to describe everything..

In July of this year we were served with a section 21 which would have meant that we would have to leave in 3 months time. However the first section 21that they sent was wrong so they have to do another one, so we got another month... At the time of the first section 21 we emailed then asking directly if it was about them want more money and nothing...

Now a couple of days ago after looking and not finding anything we have decided to go back to the estate agent and landlord and asked them if we paid more money if we could stay there.. This time they come back and said for £900pcm then they would cancel the court evictions procedure (after the section 21 and we are still here) and that we could stay here

I went back to to them and said £850 and we need a new tenancy agreement.. They have just come back and said the £850pcm is acceptable.  This is what they wrote "

1. We will need to review rental payments and other covenants of the tenancy over the next 3 months. If all is well in November, we can look to renew a tenancy. Until then, the tenancy you currently have shall continue to work as your statutory tenancy."

And inform the landlord to end all proceedings for your eviction


My concern is: we do not have a legal documentation, such as the tenancy agreement that could have start from the 13th of September so they can still force us out.. We pay of the arrears debt and and the £850 and still get evicted..  We have increased our rent from £700 to £850 and new a brand new tenancy agreement

propertyrental

see bold

byronwells said:

In July of this year we were served with a section 21 which would have meant that we would have to leave in 3 months time.
S21 is 2 months not 3
S21 does not require you to leave -only a court can do that.
However the first section 21that they sent was wrong so they have to do another one, so we got another month...
No. You should have got a new 2 month S21
 At the time of the first section 21 we emailed then asking directly if it was about them want more money and nothing...No need for the LL to explain, but worth asking

Now a couple of days ago after looking and not finding anything we have decided to go back to the estate agent and landlord and asked them if we paid more money if we could stay there.. This time they come back and said for £900pcm
Meaning total rent or £900 extra? Is it clear?
then they would cancel the court evictions procedure (after the section 21 and we are still here) and that we could stay here
has the 2nd S21 expired? What were the start/expiry dates on the 2nd S21? Have you checked it is valid (see below)?
Has court procedure started? Date?
Have you checked all 83 questions to ensure 2nd S21 is valid (see below)

I went back to to them and said £850 and we need a new tenancy agreement.. They have just come back and said the £850pcm is acceptable.  This is what they wrote "

1. We will need to review rental payments and other covenants of the tenancy over the next 3 months. If all is well in November, we can look to renew a tenancy. Until then, the tenancy you currently have shall continue to work as your statutory tenancy."

OK so you have a SPT and in 3 months will hear what their offer is. For now your rent remains the same (but see below!) Review at that point.

And inform the landlord to end all proceedings for your eviction
Have court proceeding started? If yes, have they been rescinded?

My concern is: we do not have a legal documentation, such as the tenancy agreement that could have start from the 13th of September so they can still force us out. 
Not without a S21 and court order.
You have a valid SPT which will continue at your current rent till they either 
* renew it, with your agreement
* serve a new S21 and go to court or
* you agree to increase the rent
* they follow procedure to raise the rent
See links below

. We pay of the arrears debt and and the £850 and still get evicted..  We have increased our rent from £700 to £850 and new a brand new tenancy agreement

Do you have arrears? Why?
If you have increased your rent from £700 to £850 that will automatically become the new agreed legal rent. Why did you do this?

S21 checklist (Is a S21 valid?)

Post 4: 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?

Post 5: Rent increases: when & how can rent be increased?

byronwells

propertyrental said:

see bold

Do you have arrears? Why?

If you increase your rent from £700 to £850 that will automtically become the new agreed legal rent.

S21 checklist (Is a S21 valid?)

Post 4: 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?

Post 5: Rent increases: when & how can rent be increased?

Alright yes we had one months rent arrears which we have reduced to £430.  Why?  Because we were saving up for another property if we could have found something. But unfortunately due to the housing crisis we could not.  That is why went back to the estate agents and landlord just to see if we are able to stay here or not.

They originally served a section 21 because they wanted more rent...  Yesterday we received court papers because they want the property back (It was already set in motion).. All communication has been done via email we have agreed to £850 and they want the arrears paid of today (if we can). however they will not give us a tenancy agreement until  November (3 months)

We need a tenancy agreement signed with the £850 for at least 6 months and then once that is signed then we can easily pay the arrears amount.. Our fear is we agreed to all of this and even pay the arrears off but still the court proceedings go ahead and then still evict us... And then we will have no money saved up to another property..

WE NEED PROOF for our own piece of mind

propertyrental

You have agreed a new £850 rent.
You have a valid, legal SPT(now at £850)
You cannot force the LL to grant you a new tenancy agreement - you can only ask.
Given the rent arrears, the LL could try to evict using S8 G10, though at court's discretion.
Yes without a new TA the LL can serve a new S21 and apply to court after 2 months (or S8 and apply after 2 weeks).

Schedule 2 (17 S8 Grounds a LL can use)

byronwells

propertyrental said:

You have agreed a new £850 rent.
You have a valid, legal SPT(now at £850)
You cannot force the LL to grant you a new tenancy agreement - you can only ask.
Given the rent arrears, the LL could try to evict using S8 G10, though at court's discretion.
Yes without a new TA the LL can serve a new S21 and apply to court after 2 months (or S8 and apply after 2 weeks).

Schedule 2 (17 S8 Grounds a LL can use)

just another quick question mate.. When we first became tenants about 6 years ago we used to pay on the 13th of the money.. But then a couple of years later because my wife got paid on the 28th of each month we told the estate agents and they were okay to pay on that day.  We have been paying on the 28th of each money for over 4 years now... Now they are bit confused and have no reciliation of this.  So we have decided to go back to the 13th.  However on the 28th of August we have already paid £750 to cover us up until 28th Sept.. Now they want us to pay an extra £850 on the 13th of sept to 13th of Oct.  But as you can see have already paid some to cover sept month..  We won't have to pay the full £850 on the the 13th or am I mistaken??? 

propertyrental

Exact dates please.

* Did your tenancy start on the 13th (Sept? 2017?)
* If yes, presumably the first payment covered 13/9/17 to 12/10/17 yes?)
* what exact date did you start paying on the 28th? Let's say 28/9/19 (please correct)
* did you make any extra payment to cover the period 13/9/17 - 27/9/17?
* if not, then your payment on 28/9/17 covered the period 13/9/17 - 12/10/17 (putting you into agreed arrears)

 "on the 28th of August we have already paid £750 to cover us up until 28th Sept.. "

* No. Depending on your answers above, I suspect your £750 on 28/8/23 covered the period 13/8/23 - 12/9/23
* So your next rental period will be 13/9/23 - 12/10/23
* if you've decided to revert to paying on the 13th, then pay (agreed rent) on 13/9/23 to cover 13/9/23 - 12/10/93
* the question of 'agreed rent' is separate. Up to you and LL to agree on what date the new rent starts. or indeed whether a new rent starts at all (see earlier links)