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Thomas
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6290
Experience:  BA (Hons), PgDip, Practising Solicitor
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I am currently renting a private property on an assured shorthold

Resolved Question:

I am currently renting a private property on an assured shorthold tenancy, this started on 31/12/2009 for a fixed period of twelve calender months. I have not been provided with a renewal of the terms and we are now in July 2010. Where do i stand with tenancy on this property, am I a legal tennant as my rent is still paid although I have had some financial difficulty. I have been issued with a section 8 and wondered where I stood as it was issued siting rent arrears and breach of tenancy agreement. The rent is collected by a local agent and there is a dispute between myself and them as as far as I was concerned there were no rent arrears and there have been issues with them not passing on the rent to the landlord as they did not locate the monies on their system, there seems to be a lack of communication between myself and the agent and I am concerned that they have not provided me with enough time to investigate the issue you help is greatly appreciated thank you
Submitted: 4 years ago via Tenancy Agreement Service.
Category: UK Property Law
Expert:  Thomas replied 4 years ago.

Hi,

 

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?

 

Kind regards.

 

Tom

Customer: replied 4 years ago.

Hi My tenancy began in 2009 so the term was up at the end of january 2010 6 months ago

 

 

Thanks

 

Ailsa

Expert:  Thomas replied 4 years ago.

Hi Ailsa,

 

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....

 


Tom

Customer: replied 4 years ago.

Hi Tom, Sorry I am a bit of a mess due to this it started 31/01/2009 and ended on 31/01/2010,

 

Thanks

 

Ailsa

Expert:  Thomas replied 4 years ago.

Ailsa,

 

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.

 

If this is useful please kindly click accept so that I may be rewarded for my time. It will be gratefully received and you will be free to ask follow up questions.

 

Kind regards,

 

Tom

Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6290
Experience: BA (Hons), PgDip, Practising Solicitor
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