Assured Shorthold Tenancy Problem

JackJones456 · 7 February 2018 at 1:33PM

Please can anyone advise me?

In September 2017 I signed a 12 month Assured Shorthold Tenancy agreement with Estate Agent/Landlord for a private letting. I have 3 children, 2 of which are disabled and in receipt of DLA. All children are settled into the local school with the 2 disabled children being supported by teaching assistants.

I am also the DWP appointee for my mum who is in social housing (small 2 bed bungalow) 2 minutes from where I live as I am her full time carer.

I have never missed a rent payment everything has been paid by direct debit every month since my move.

I do have to say that I am having to 'top up' the rent by £150 per month which is a struggle.

The Estate Agent called me yesterday and told me that the Landlady wants to sell the property I am renting and that he will be serving a Section 21 Notice on me shortly. I have only been in the property since end September 2017 and the tenancy is for 12 months. I am absolutely shocked and upset to say the least.

I've been in touch with social housing who are going to get back in touch with me in the next 2-3 weeks. I have also spoken to Shelter. Shelter told me that if I move out upon receipt of Section 21 then the council will consider me as being intentionally homeless.

I am worried sick as I need to stay in the local area as I have to care for my mum and also my 3 children are established in the local school.

I have read my Assured Shorthold Tenancy agreement and there are no clauses about the Landlady breaking the tenancy, I am not in breach of my tenancy. I am worried sick. I would really like to be socially housed as I had to move previously when my tenancy came to an end as my other Landlord wanted to sell the property.

All this disruption is unsettling and I have had to tell the children a little lie that I am thinking of moving as the house is too small as they are too young to hear this news.

Please can anyone advise me, do I just sit it out and make the Landlady get an eviction in the Court as otherwise the council will say I have made myself intentionally homeless. The thought of living in a hostel is worrying and it has been said that if I don't agree to a hostel they may put my kids in care! One child is autistic the other is under CAHMS, Please advise me.

bowlhead99 · 7 February 2018 at 1:57PM

Your landlord / lady can't serve a valid s21 in the first 4 months in the tenancy, but you're beyond that point. So she can tell you she's seeking possession after the term of the tenancy expires. That may be at the end of the 12 months assured term, or at some earlier point if there's a 'break clause' which allows you or the landlady to end it earlier with notice outlined in your agreement.

If there isn't a cause for a break earlier than August '18, you have until then before she could then start going through the courts for an eviction if you weren't moving out.

Pixie5740 · 7 February 2018 at 1:59PM

JackJones456 wrote: »

Please can anyone advise me?

In September 2017 I signed a 12 month Assured Shorthold Tenancy agreement with Estate Agent/Landlord for a private letting. I have 3 children, 2 of which are disabled and in receipt of DLA. All children are settled into the local school with the 2 disabled children being supported by teaching assistants.

I am also the DWP appointee for my mum who is in social housing (small 2 bed bungalow) 2 minutes from where I live as I am her full time carer.

I have never missed a rent payment everything has been paid by direct debit every month since my move.

I do have to say that I am having to 'top up' the rent by £150 per month which is a struggle.

The Estate Agent called me yesterday and told me that the Landlady wants to sell the property I am renting and that he will be serving a Section 21 Notice on me shortly. I have only been in the property since end September 2017 and the tenancy is for 12 months. I am absolutely shocked and upset to say the least.

I've been in touch with social housing who are going to get back in touch with me in the next 2-3 weeks. I have also spoken to Shelter. Shelter told me that if I move out upon receipt of Section 21 then the council will consider me as being intentionally homeless.

I am worried sick as I need to stay in the local area as I have to care for my mum and also my 3 children are established in the local school.

I have read my Assured Shorthold Tenancy agreement and there are no clauses about the Landlady breaking the tenancy, I am not in breach of my tenancy. I am worried sick. I would really like to be socially housed as I had to move previously when my tenancy came to an end as my other Landlord wanted to sell the property.

All this disruption is unsettling and I have had to tell the children a little lie that I am thinking of moving as the house is too small as they are too young to hear this news.

Please can anyone advise me, do I just sit it out and make the Landlady get an eviction in the Court as otherwise the council will say I have made myself intentionally homeless. The thought of living in a hostel is worrying and it has been said that if I don't agree to a hostel they may put my kids in care! One child is autistic the other is under CAHMS, Please advise me.

If there is no break clause in the tenancy agreement then any Section 21 your landlord issues now will be invalid. The fact that your landlord wishes to sell the property is irrelevant, you have a 12 month AST for you cannot legally be evicted any sooner than this unless you agree to a mutual surrender of the tenacy. If your landlord does sell the property the new owner would simply become your landlord.

Read G_M's guide to Ending/Renewing an AST for further information.

JackJones456 · 7 February 2018 at 3:36PM

[FONT=&quot]Thank you bowehead and Pixie. There is no clause to 'break the tenancy' in the tenancy agreement. All I know is that she wants to sell the property and that I will be issued a S21 to take me up to the 6 months into my tenancy contract. The agent is adamant that I have to get out in 2 months time.
[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]I hate the thought of all this upset, eviction etc. Will the Bailiffs turn up at my home? Will I have to keep the doors locked? [/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]It's obvious I should leave when the Tenancy expires end Sept 2018, but I've been told by Shelter not to leave even if they don't issue S21 and to get evicted at the end of the Tenancy by the Court if I want to be socially housed otherwise I will have made myself intentionally homeless.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]I feel absolutely sick with worry.[/FONT]

Comms69 · 7 February 2018 at 3:40PM

JackJones456 wrote: »

Please can anyone advise me?

In September 2017 I signed a 12 month Assured Shorthold Tenancy agreement with Estate Agent/Landlord for a private letting. I have 3 children, 2 of which are disabled and in receipt of DLA. All children are settled into the local school with the 2 disabled children being supported by teaching assistants.

I am also the DWP appointee for my mum who is in social housing (small 2 bed bungalow) 2 minutes from where I live as I am her full time carer.

I have never missed a rent payment everything has been paid by direct debit every month since my move.

I do have to say that I am having to 'top up' the rent by £150 per month which is a struggle.

The Estate Agent called me yesterday and told me that the Landlady wants to sell the property I am renting and that he will be serving a Section 21 Notice on me shortly. I have only been in the property since end September 2017 and the tenancy is for 12 months. I am absolutely shocked and upset to say the least.

I've been in touch with social housing who are going to get back in touch with me in the next 2-3 weeks. I have also spoken to Shelter. Shelter told me that if I move out upon receipt of Section 21 then the council will consider me as being intentionally homeless.

I am worried sick as I need to stay in the local area as I have to care for my mum and also my 3 children are established in the local school.

I have read my Assured Shorthold Tenancy agreement and there are no clauses about the Landlady breaking the tenancy, I am not in breach of my tenancy. I am worried sick. I would really like to be socially housed as I had to move previously when my tenancy came to an end as my other Landlord wanted to sell the property.

All this disruption is unsettling and I have had to tell the children a little lie that I am thinking of moving as the house is too small as they are too young to hear this news.

Please can anyone advise me, do I just sit it out and make the Landlady get an eviction in the Court as otherwise the council will say I have made myself intentionally homeless. The thought of living in a hostel is worrying and it has been said that if I don't agree to a hostel they may put my kids in care! One child is autistic the other is under CAHMS, Please advise me.

You wont have to move before 2019 realistically. The Landlord selling is not your problem. In fact you could ask her to buy you out of the contract by paying your moving costs etc.

Comms69 · 7 February 2018 at 3:41PM

JackJones456 wrote: »

[FONT=&quot]Thank you bowehead and Pixie. There is no clause to 'break the tenancy' in the tenancy agreement. All I know is that she wants to sell the property and that I will be issued a S21 to take me up to the 6 months into my tenancy contract. The agent is adamant that I have to get out in 2 months time.- the agent is incorrect.
[/FONT]

[FONT=&quot]I hate the thought of all this upset, eviction etc. Will the Bailiffs turn up at my home? Will I have to keep the doors locked? - Bailiffs will only turn up AFTER the court case. And they will notify you in advance. - You should keep your doors locked, but that's just general good practice, nothing to do with this. [/FONT]

[FONT=&quot]It's obvious I should leave when the Tenancy expires end Sept 2018, but I've been told by Shelter not to leave even if they don't issue S21 and to get evicted at the end of the Tenancy by the Court if I want to be socially housed otherwise I will have made myself intentionally homeless.- indeed[/FONT]

[FONT=&quot]I feel absolutely sick with worry.[/FONT]

What is worrying you most. Just calm down and read the replies.

dimbo61 · 7 February 2018 at 3:42PM

Please check your AST very carefully and check if there is a break clause after 6 months.
If NOT the landlord has to wait 12 months unless you agree to end the tenancy early.

m0bov · 7 February 2018 at 3:46PM

Change your locks asap. Dont allow viewings.

Comms69 · 7 February 2018 at 3:48PM

m0bov wrote: »

Change your locks asap. Dont allow viewings.

Maybe this. It might be sold to a landlord, which would solve this

JackJones456 · 7 February 2018 at 4:40PM

Thanks for all your very helpful replies.

There is definitely no break clause after 6 months in the Contract.

The property has not yet been sold as the Agent said he has to serve me with the the S21 for me to vacate the property. Then he will put a 'for sale' board up.

Based on the information on this thread, I will change the locks and not leave until a Court orders my eviction.

Thanks everyone.

saajan_12 · 7 February 2018 at 4:52PM

The landlord selling doesn't affect you, you have the right to stay there under your tenancy, until properly ended. The tenancy can only end in one of 4 ways:

1. By your agreement - you can choose to leave at the end of the fixed term, or serve notice to leave after, or mutually agree a bespoke end date with the LL, under whatever terms you both negotiate. If the LL is keen on selling, you could suggest you agree to move out early if they pay you £x, which covers your moving costs, deposit, etc to somewhere else in the same area for your kids etc.

2. Section 8 notice - only if you materially breach the tenancy agreement e.g. do not pay rent or something very extreme, then the LL can serve Section 8 notice. Then LL applies to court > (judge may give you a chance to resolve or defend) > gets possession order > gets bailiffs. All in ~2-4 months

3. Section 21 notice - can be served anytime after the first 4 months, giving 2 calendar months notice, but must expire on or after the fixed term ie Sept 2018 unless there is a break clause. The notice is invalid if the LL hasn't followed all the rules of gas safety certs, deposit protection, PI etc, which means the LL has to start again with the notice. If valid, the LL applies to court > by default gets a possession order > applies for bailiffs > bailiffs visit.. earliest you can be kicked out Nov 2018.

So, as long as you don't agree to anything and don't do anything wrong e.g stopping rent, then you are safe there until Nov 2018. However the LL can eventually get you out, so it may be beneficial for you to look for another property you can afford, and see if you can negotiate a smooth move out date (so no baiiffs, hostels etc) with the LL paying you £x for your moving costs etc.

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Assured Shorthold Tenancy Problem

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