Thanks for your question.
Sorry, just to clarify - why do you think you should have received "renewal of terms" when you are only halfway through the term of your tenancy?
Hi My tenancy began in 2009 so the term was up at the end of january 2010 6 months ago
Sorry - could you clarify if the dates mentioned in your question is incorrect then? You stated above that the tenancy started on 31/12/2009 for 12 months. This would expire 30/12/2010....
Hi Tom, Sorry I am a bit of a mess due to this it started 31/01/2009 and ended on 31/01/2010,
It's fine, no problem.
You continue to be tenant under a statutory periodic tenancy, which means that the tenancy continues from one rent period to the next (so from month to month if you pay your rent monthly).
If you are two months in arrears with the rent then the landlord/agent is allowed to serve a s8 notice requiring possession of the property in two weeks. You do not have to leave when this expires, if you do not they will make an application to Court for an order for possession.
A hearing date will be set at Court and if you dispute that you are in two months arrears then you should attend and make representations on your behalf. You should collate evidence of the transfer of rent monies to the agent so you can produce this at Court.
If the Judge accepts you are not in arrears then the claim will not be successful. If you are in some arrears then he may order a suspended possession order giving you time to clear the arrears, if you do clear the arrears then the order will not come in to effect and you can continue the tenancy.
If the judges finds you are in arrears of two months or more then he will make an order for possession and you will have to vacate the property.
Clearly, the issue is to establish the actual amount of arrears.
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