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Thomas
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6466
Experience:  BA (Hons), PgDip, Practising Solicitor
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I am currently trying to negotiate with my landlord through

Resolved Question:

I am currently trying to negotiate with my landlord through my letting agent. I began my lease on the 24 April 2009 and last year on the 25th April 2010 a new lease was issued but not signed by either party.
My letting agent sent us a letter on the 29th of April 2011 stating that since no agreement has been reached and our lease is expiring someone will contact us about a checkout date of the 26th of April. They have advertised the property at an increased rental on their website.
They agent contacted us in 01 February 2011 asking what our intentions were on the property and we responded saying we are happy to stay on on similar terms. I then tried to call them and send emails on several occasions and there was no response. I even said on one email that If i dont hear from them I will assume all is fine.
According to section 21 they need to serve us with a 2 month notice minimum if they require us to move. Well the reason as not mentioned to us is the rental increase.
We have been good tentant in respect of rental payment etc.
I am currently trying to negotiate with the letting agents on the price which but I am not certain if this will result in an extension.
My concerns and fears is that I have a one year old baby and I cannot up and leave at such short notice; neither can I increase my budget to the full extent as required. Please let me know what are my options if the negotiations fail. Can I stay on for at least 2 months until they serve me with a section 21 notice. As I need more time to sort out the move.

Therefore I have reached a point now where I am tired of been strung along.As the letting agent has been negotiating for the past 3-4 days

Please could you advise me on what the next step is.
So how do we let the letting agents know that we will not be moving out until the proper notification and reasonableness of the situation has been reached.
What would be the legal cost incurred if I have to proceed on this route.
Will this refusal to leave the property on a specific date bring my credit rating into bad light. And I am currently on a HSMP will this effect my visa.
Submitted: 3 years ago.
Category: UK Property Law
Expert:  Thomas replied 3 years ago.
What was the fixed term of the previous unsigned lease?

You say thay the agent sent a letter on 29 apr 2011 about a checkout date of 26 Apr, are you sure this is correct? The checkout date is before the date of the letter if so.

Tom b
Customer: replied 3 years ago.
Hi Thomas

The letter came through on the 29 of March. The first lease contract was taken out from the 25 April 2009 to 24th of April 2010 which was signed. For the period following for 2010 to 2011 there is no signed lease.
Expert:  Thomas replied 3 years ago.

Hi,


Thanks for your reply.

 

If the tenancy agreement did not contain any different terms then you are probably occuyping the proprty under an statutory periodic tenancy, whereby the tenancy continues from one rent period to the the next. If you have not received a s21 Notice at all then they will have to serve one before they are able to apply to court for an order for possession to evict you. If they have not served a s21 notice then they will not be able to evict you. If you wish to leave you would have to serve one months notice with such notice expiring at the end of a rent period in order to vacate the property.

 

If the tenancy agreement which was sent to you had a different rent than the previous one and you subsequently paid that different rent then the new tenancy will be in force. in any event they would still have to serve a s21 notice to evict you at the end of the fixed term so your position is pretty much unchanged:-

http://www.tenancyagreementservice.co.uk/section-21-notice-to-quit.htm#section-21-notices-served-during-the-fixed-tenancy

If this is the case and you continue to occupy the property past the end of the fixed term then you will have to serve the same notice to vacate as above.

 

If this has been 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 3 years ago.
Please could you advise me on what the next step is.
So how do we let the letting agents know that we will not be moving out until the proper notification and reasonableness of the situation has been reached.
What would be the legal cost incurred if I have to proceed on this route.
Will this refusal to leave the property on a specific date bring my credit rating into bad light. And I am currently on a HSMP will this effect my visa.If a possession order is served will this affect our application for our visa renewal or Indefinite leave to remain
Expert:  Thomas replied 3 years ago.

Hi,

 

You on't have to do anything in terms of informing them. If you do then they will just check that they haven't served a s21 notice and then serve it on you. You can tell them if you like but I can't see how it serves your purpose.

 

There are no legal costs, if they have not served a valid s21 notice then you do not have to vacate until you have been served one. Once you receive the notice you should move out on the day it expires.

 

It will not affect your credit rating. If you pay the rent up to the date of the notice then they will not be able to sue and your credit rating will be unaffected.


The possession order will not affect your application for renewal/ILR.

 

Trust this clarifies, if so please click accept.


Kind regards,

 

Tom

Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6466
Experience: BA (Hons), PgDip, Practising Solicitor
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