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Thomas
Thomas, Lawyer
Category: UK Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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i am renting a flat since september 2010, then last march 2011.

Resolved Question:

i am renting a flat since september 2010, then last march 2011. a new landlord and estate agent took over the property. we received a letter dated march 2011 with an enclosed deposit certificate that is valid from march 2011 to march 2012. On june 2011, We received another letter informing us that our tenancy will be terminated on march 2012 so they are offering us an extension for another year with an increase of £55, but we haven't accepted the offer yet because its still few months before our tenancy expires. But recently a letter dated august 2011 was send to us saying that our rent will be increaesd by £55 on september 2011. I called our estate agent regarding this matter and ask why they have to increase our rent this September instead of the initial offer which is March 2011. The agent told us that the first letter the send us was wrong. We are a bit confused now which date is the termination of our contract and a bit worried we will be suddenly evicted if we will not aggree with the September 2011 rent increase.I hope you can give us some clarification regarding this problem of us. thank you very much.
Submitted: 3 years ago.
Category: UK Law
Expert:  Thomas replied 3 years ago.
Hi
Thanks for your question.
To enable me to answer your question could you please respond to the following using the same numbering:-
1. When does the fixed term of the tenancy expire please (it will be stated in your tenancy agreement)
Kind regards.
Tom
Customer: replied 3 years ago.

1.from the original tenancy it is September 2011.

2. we dont have anew tenancy from the new landlord.

Expert:  Thomas replied 3 years ago.
Hi,

Thanks for your reply.

In order to evict you from the property on or after the expiry of the fixed term of the tenancy (ie. whichever SPECIFIC date in September it is) then they first serve you a s21 Housing Act 1988 notice requiring possession at the end of the fixed term. This notice must refer to your tenancy and that the landlord wishes to terminate it and require possession at the end of the fixed term, this notice must give you two months notice.

If you have not received a notice from the landlord stating that they require possession in September 2011 and giving you the required two months notice then they will not be able to evict you at this point.

Even if the landlord had served the above s21 notice they cannot just evict you on the day. They must apply for a Court Order for possession from County Court first. This would take few weeks even if they were using the accelerated possession procedure without the need for a Court hearing. The order for possession from the Court would also give you a fixed time period within which you can move out (usually 14/28 days from the date of the order).

The correspondence you have had with them seems to be restricted to renegotiating the rent for the a new tenancy agreement, not giving you notice for the current on. If you cannot agree to the new rent then that’s fine but it will probably mean the landlord serves you with a s21 notice as above and therefore you will have two months within which to move out.

If this has been useful please kindly click accept so that I may be rewarded for my time. If you do not click accept your money stays with the site and I do not receive any credit for the time I have taken to answer your question. You will not be charged any further money for clicking accept.

I will answer your follow up questions you may have.

Kind regards,


Tom
Customer: replied 3 years ago.
Does this mean that the termination date is September 2011 and not march 2012 as stated on their first two letters.On their letter dated june 2011 our tenancy will terminate on march 2012 that's why they offered us extension up to march 2012 with an increase of £55. its a bit confising because on their last letter dated august 2011 they are just informing us of the rent increase that will take effect on september 2011 but no offer of extension of contract if our contract will expires on september 2011.
Expert:  Thomas replied 3 years ago.
Hi,

This means that they will be able to terminate your tenancy on or after the specific date in september mentioned in your tenancy agreement, but they must serve you 2 months notice first. If you do not vacate once the notice has expired then they will have to apply to court for a order for eviction.

If you stay on in the property without signing a new tenancy agreement at the increased rent offered then they cannot simply just say that you must pay the increased rent unless you agree.

Trust this clarifies, please click accept.

Kind regards,

Tom
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6444
Experience: BA (Hons), PgDip, Practising Solicitor
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