Worried about renting crisis

Brie

user19860331 said:Yes but who says my LL will event want me on a periodic tenancy? If they wanted to sell the place, surely they would just tell me that I have to leave once my original tenancy runs out

Your LL (lord or lady....) may want you to go onto another 12 months but if you don't sign that the periodic tenancy is automatic.  And if they want you to move out they have to issue official documents to say so based on them having done everything else completely by the book (gas certificates, deposit scheme etc) and if one thing has been missed nothing can be done until that is rectified.  Then if they do issue an official eviction notice (because they want to sell) they need to give you notice and you can enter into negotiations to agree an end date.  Sales don't happen overnight so it could be another year before someone else might want to buy the place which gives you plenty of breathing space.  

I agree it's best to know what's possible and think about what you want to do but don't panic.  Friends who've always rented were told by their landlady that she was selling up (at a stupidly high price that meant they weren't interested) so they started looking around for another rental and then eventually a place to buy.  Process took 18 months.

GrumpyDil

Martico said:

user19860331 said:

Jude57 said:

user19860331 said:

MultiFuelBurner said:

If your landlord has a buy to let mortgage that is up for renewal in the next 12-17 months then yes they may well consider selling up as an extra £200 probably won't leave them with the return they need.

It sounds like you have a letting agent barrier so you can't ask your LL outright.

Do you think its worth me asking the letting agent if its likely the LL will sell up?

Forgive me if I'm mistaken, but it seems to me that you don't understand your rights as a tenant and I'm not sure previous replies have addressed the basics if that's true. Previous posters are correct to say that, short of getting a Court Order, your landlord cannot legally end your tenancy. Your landlord cannot prevent your Assured Shorthold Tenancy (AST) from becoming a Periodic Tenancy, that simply happens automatically if the landlord doesn't renew the AST. Even if your landlord does decide to sell up, that doesn't end your tenancy and unless he's met all the legal requirements of being a landlord, it's possible that any Notices served on you could be unenforceable. In effect, the new owner becomes your new landlord.

There's a sticky at the top of this sub-forum with guides for tenants which I'd recommend you read so that you have a better idea of your rights as a tenant.

Thanks but Im confused... if I take out a 12-month AST, and then it comes to the end of the 12 months, then I dont see why the LL couldnt just tell me to leave? How would that be illegal?

It's the law. A process has to be followed. Read this post, as advised

OP

As stated when your fixed term.tenancy gets to the end of the fixed term.it automatically rolls over onto periodic. You can choose to move out before or on the last day of the fixed term or stay. If you stay you have a periodic tenancy. Your landlord cannot throw you out and would have to navigate the court process which can be very difficult and very easy for landlord to make a mistake doing. 

user67340348

Martico said:

user19860331 said:

Jude57 said:

user19860331 said:

MultiFuelBurner said:

If your landlord has a buy to let mortgage that is up for renewal in the next 12-17 months then yes they may well consider selling up as an extra £200 probably won't leave them with the return they need.

It sounds like you have a letting agent barrier so you can't ask your LL outright.

Do you think its worth me asking the letting agent if its likely the LL will sell up?

Forgive me if I'm mistaken, but it seems to me that you don't understand your rights as a tenant and I'm not sure previous replies have addressed the basics if that's true. Previous posters are correct to say that, short of getting a Court Order, your landlord cannot legally end your tenancy. Your landlord cannot prevent your Assured Shorthold Tenancy (AST) from becoming a Periodic Tenancy, that simply happens automatically if the landlord doesn't renew the AST. Even if your landlord does decide to sell up, that doesn't end your tenancy and unless he's met all the legal requirements of being a landlord, it's possible that any Notices served on you could be unenforceable. In effect, the new owner becomes your new landlord.

There's a sticky at the top of this sub-forum with guides for tenants which I'd recommend you read so that you have a better idea of your rights as a tenant.

Thanks but Im confused... if I take out a 12-month AST, and then it comes to the end of the 12 months, then I dont see why the LL couldnt just tell me to leave? How would that be illegal?

It's the law. A process has to be followed. Read this post, as advised

Thank you, it looks like that post is saying the LL would need to give me 6 months notice, but isnt the following government page saying that it is only 2 months?

https://www.gov.uk/evicting-tenants/section-21-and-section-8-notices#:~:text=A Section 21 notice must,continue as a periodic tenancy.

CKhalvashi

user19860331 said:

_Penny_Dreadful said:

user19860331 said:

I currently pay £600PCM living in West Yorkshire, but my tenancy runs out in a few months and I'm worried that my landlord might decide to sell up and therefore kick me out

I could afford a rental increase of approx £200 without too much trouble.

But if I get kicked out I will probably struggle to find anywhere else, going by what I've heard about massive waiting lists for viewings.

Im also hoping to apply for a job in York, and saw there was NOTHING available in the whole city for less than £1000PCM on Rightmove

I would ideally buy my own place but I only have 5K savings so I doubt I'd be able to get a deposit that cheap

Does anyone have any advice on what I can do?

Firstly, a landlord cannot just kick you out. An AST can only be ended by a tenant or a court. When your fixed term ends you will automatically start a periodic tenancy. No sane landlord would go to the effort of starting the process for evicting a decent tenant without a reason such as wanting to sell.  The landlord may wish to raise the rent when the fixed term ends but unless you’ve been a horrendous tenant I doubt you’ll be getting a section 21 in the post. 

What happens at the end of the fixed term is covered in the How to Rent booklet you’ll have received at the start of your tenancy. 

Thank you, when I say 'kick me out' I mean more like they might just not let me renew the tenancy

This happened to me once before because the landlord wanted to sell the place, so ever since then I've been worried when renting other places

If your tenancy isn't renewed, it doesn't end.

The agreement can be ended only either by you or a court, not any other party involved.

This is the law, which will override any conditions you may have in the agreement as a court will deem these unfair.

jimbog

user19860331 said:

jimbog said:

user19860331 said:

MultiFuelBurner said:

If your landlord has a buy to let mortgage that is up for renewal in the next 12-17 months then yes they may well consider selling up as an extra £200 probably won't leave them with the return they need.

It sounds like you have a letting agent barrier so you can't ask your LL outright.

Do you think its worth me asking the letting agent if its likely the LL will sell up?

Whereas you concern is understandable, I think you're making a problem where none exists. Asking your landlord (or getting your agent to ask your landlord) gives the impression you are half expecting (resigned to) leaving and it may plant a thought in their minds.

Even if they do sell, it doesn't change your tenancy - that continues. Indeed a new owner may be happy to have a tenant like you already in place

Thanks, I probably am worrying too much!

Yes I am thinking it might be better to not say anything as I dont wanna give them ideas (it might also encourage them to up the rent).

But who's to say the new owner (if it is sold) will consider letting it out? Maybe they would wanna live here themselves

They would have bought the place knowing that it had a tenant. 

They may have no intention of wanting to live there but instead continue to have it let out ( to you). 

_Penny_Dreadful

Good grief! I don’t know how much clearer I or other posters can make this to you, your landlord does not have a choice whether you start a periodic tenancy or not and an AST can only be ended by you (the tenant) or a court. 

Tenants like yourself are the reason why landlords like myself have to give tenants a How to Rent booklet at the start of your AST. It spells out what happens at the end of the fixed term in plain English. I urge you to RTFB. 

propertyrental

user19860331 said:

Martico said:

user19860331 said:

Jude57 said:

user19860331 said:

MultiFuelBurner said:

If your landlord has a buy to let mortgage that is up for renewal in the next 12-17 months then yes they may well consider selling up as an extra £200 probably won't leave them with the return they need.

It sounds like you have a letting agent barrier so you can't ask your LL outright.

Do you think its worth me asking the letting agent if its likely the LL will sell up?

Forgive me if I'm mistaken, but it seems to me that you don't understand your rights as a tenant and I'm not sure previous replies have addressed the basics if that's true. Previous posters are correct to say that, short of getting a Court Order, your landlord cannot legally end your tenancy. Your landlord cannot prevent your Assured Shorthold Tenancy (AST) from becoming a Periodic Tenancy, that simply happens automatically if the landlord doesn't renew the AST. Even if your landlord does decide to sell up, that doesn't end your tenancy and unless he's met all the legal requirements of being a landlord, it's possible that any Notices served on you could be unenforceable. In effect, the new owner becomes your new landlord.

There's a sticky at the top of this sub-forum with guides for tenants which I'd recommend you read so that you have a better idea of your rights as a tenant.

Thanks but Im confused... if I take out a 12-month AST, and then it comes to the end of the 12 months, then I dont see why the LL couldnt just tell me to leave? How would that be illegal?

It's the law. A process has to be followed. Read this post, as advised

Thank you, it looks like that post is saying the LL would need to give me 6 months notice, but isnt the following government page saying that it is only 2 months?

https://www.gov.uk/evicting-tenants/section-21-and-section-8-notices#:~:text=A Section 21 notice must,continue as a periodic tenancy.

I have no idea where that post gave you the idea the LL needs to give 6 months notice..

Read it again. Carefully. You need to correctly understand your rights.

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?

As for approaching the LL/agent about the LL's plans- it's a bit early. Maybe 6 weeks before the fixed term ends, unless he/they contact you first.

BTW - if you want to know your LL's name, it's on the tenancy agreement.

If it's not, or you want his address also, you have the right to both, if you ask in writing. See

Landlord & Tenant Act 1985

S1.

caprikid1

The posters who state you are don't have to leave if the landlord asks you whilst they are correct only a court can evict you and that takes time.

Please bear in mind you will not be able to get a reference from your landlord and other landlords will be reluctant to take you if you this happens. Exerting your legal rights is not going to work to your advantage , it will just delay the inevitable. 

Whilst everything being stated is technically correct it probably is unwise unless you are buying a house and don't need to worry about references etc.

The rental market is getting worse due to appalling misguided government policy towards landlords without any suitable alternative being provided. If the plans to abolish Section 21 come in this will only make it worse.

[Deleted User]

_Penny_Dreadful said:

caprikid1 said:

The posters who state you are don't have to leave if the landlord asks you whilst they are correct only a court can evict you and that takes time.

Please bear in mind you will not be able to get a reference from your landlord and other landlords will be reluctant to take you if you this happens. Exerting your legal rights is not going to work to your advantage , it will just delay the inevitable. 

Whilst everything being stated is technically correct it probably is unwise unless you are buying a house and don't need to worry about references etc.

The rental market is getting worse due to appalling misguided government policy towards landlords without any suitable alternative being provided. If the plans to abolish Section 21 come in this will only make it worse.

The landlord has not even so much as suggested the OP had to leave never mind issued a section 21 notice. All that’s happening is the fixed term is ending and the OP has their knickers in a twist about it. 

Numerous posters have educated OP regarding his rights but there is still reason for OP to think about the contingencies. It is actually quite prudent to consider the general situation, mortgage pressure on landlords and them moving to sell up. 

newgirly

Hi, I can’t help with the rental questions, but are you in a position to get a mortgage? There are some 95% mortgages out there and even though York has shot up recently there’s still cheaper properties available outside the walls? If you can afford an extra £200 per month that will help save quicker, you can always come over to the mortgage free board, it’s not only for those overpaying but those saving for a deposit, lots of support and money saving tips 😊