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Thomas
Thomas, Lawyer
Category: UK Property Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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Hi, I have some troubles with my landlord. We have a (UK standard)

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Hi, I have some troubles with my landlord. We have a (UK standard) contract with a minimum duration of 6 month (until 14/10), now he wants me to renew the contract for another six month, which is not part of the first contract. If I don't accept his conditions he is going to throw me out he said - as if we had no contract al all.
Submitted: 4 years ago.
Category: UK Property Law
Expert:  Thomas replied 4 years ago.

Hi,

 

I assume you are not in arrears of rent and have not otherwise breached terms of your tenancy.

 

If he wishes for you to vacate upon the expiry of the initial tenancy fixed term then he must have served a s21 Notice under the HOusing Act 1988 on you giving you two months notice. If he has not done this then no Court will grant an order for possession until he has served the notice validly and the notice period has expired.

 

If you are still in occupation once the fixed term expires without signing new tenancy agreement then you will be occupying the property under what is called a statutory periodic tenancy. This is where the tenancy continues on the same terms as before but from one rent period (eg. a month) until the next. He would still have to serve a s21 notice giving two months notice with such notice to expire at the end of a rent period before a Court will grant an order for possession.

 

If stay past the fixed term and are occupying the property under a statutory periodic tenancy agreement then you will have to give one months written notice if you wish to vacate the property with such notice again expiring at the end of a rent period.

 

If you simply wish to leave at the end of the current fixed term then you can simply leave without serving any notice.

 

If you sign the renewal then you will be bound by the terms of that renewal tenancy agreement.

 

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

Customer: replied 4 years ago.
So his announcement via email alone that he wants to renew the contract for another 6 month can not be a 21s notice - it has to be a written letter with a certain format/content then?. And if I refuse to sign a new tendancy agreement I'll have 2 month to get another flat from the point on I receive that written notice. Or is the expiry date of the contract also important in a way?

One thing left: I paid my rent one time a bit later; the contract allows a delay of 14 days here, but it was slightly more as I was not in London at that time. But that was 3 month ago. Is that still important?
Expert:  Thomas replied 4 years ago.

No, it has to specifically say that he was giving you notice to terminate the tenancy agreeent at the end of a fixed term and state the amount of notice he was giving you, when it started and when it was to end. Any doubt will be resolved in your favour and though I am not privy to the email itself it sounds doubtful that this was valid notice.

 

If you refuse to sign the tenancy agreement then you will have until a new notice (if the current one is invalid) has been served and expired. The length of the notice would have to be two months.


If rent was only paid late once then this does not affect the situation.

 

Hope this clarifies, if so please click accept.


If you have other questions, just reply and I will answer when I return from a meeting.

 

Tom

Customer: replied 4 years ago.
Ok, that's actually what I thought. My impression is that he has really no clue of the property law and that he thinks the the contract expires automatically because there is an expiry date so that there is no need for a notice. But the contract says here: "Ending on (but continuing by virtue of statute until notices is given)"...

Last question - just to be on the safe side. What means late payment in this context? We agreed that I pay my rent monthly in advance. The commencement date was 15/04/2010; does that mean that the landlord must have the money on his account on every 15th of the month or what is the legal deadline in this case?
Expert:  Thomas replied 4 years ago.

Hi,

 

There is no set amount, each case is on it's particular merits. Something of the order of a week late three times would probably qualify for him to serve a s8 notice giving you two weeks but if you have only paid late once then he won't be able to do this.

 

If he does not know his property law and you paid a deposit then you should ask for the details of the tenancy deposit scheme in to which he has paid it. If you are occupying under an assured shorthold tenancy (which it will be unless you received a specific notice stating that it was not to be an AST prior to occupation) then it must have been paid in to a TDS, it hasn't then you can apply to court for the return of the deposit and a fine payable by him to you of three times the deposit amount.

 

Good luck.

 

Please click accept.

 

Kind regards,

 

Tom

Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6590
Experience: BA (Hons), PgDip, Practising Solicitor
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