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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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I live in rented bungalow, and am coming to the end of my second

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I live in rented bungalow, and am coming to the end of my second year of an annual renewable assured shorthold tenancy. I received the standard notice requiring possession of a fixed term tenancy on 22/8/11 and returned my request to stay on 27/8/11. The property is administered by local estate agency. Despite verbal assurance that I can continue with the tenancy, and chasing them 3 times for official confirmation, I am still awaiting written confirmation. There is less then two weeks left to the official repossession date.
I experienced the same problem on the renewal date last year when I was given written confirmation of acceptance, and 3 days notice to sign the agreement. My contact at the estate agency tells me there is nothing to be concerned about, but having a disabled wife would give me a major challenge if they renaged on the 'verbal understanding'. What is my best course of action please.
Many thanks. Dan Keeble
Submitted: 2 years ago.
Category: UK Property Law
Expert:  Thomas replied 2 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 this current agreement expire
2. The written notice – did you receive 2 months notice requiring possession ?
3. When was this notice to expire – the end of the fixed term of the current agreement?
Kind regards.
Tom
Customer: replied 2 years ago.

1. 2 November 2011

 

2. Notice dated 22 August 2011

 

3. 2 November 2011

 

Regards

 

Dan

Expert:  Thomas replied 2 years ago.
Hi Dan,


Thanks for your reply.

It appears as though the notice that has been served is a valid s21 notice for the purposes of acquiring possession at the end of the fixed term, so you cannot just do nothing knowing that they will not be able to get possession because of an invalid notice.

The practical reality is that there is not a great deal you can do to prompt their issuing you a new tenancy agreement. It is their prerogative to issue you with a new agreement (or not) and also at what speed to do this unfortunately.

If they do not issue you with a new tenancy agreement then they cannot simply evict you once the fixed term of the agreement expires – they must apply for a Court Order first. If they use the accelerated possession procedure – where there is no requirement for a Court Order – then they could expect to get an Order for possession between 3-4 weeks from the date of the application for the order. They can only apply for this once the fixed term has ended.

So, if they have not issued you with a tenancy agreement by the expiry you of the fixed term then you will know that even if they do apply for an order then you have a window of time to organise alternative accommodation.

Until then all you can do is chase them really. I should think that attending their office would illicit a more speedy response than simply phoning or email them and you may be able to gauge whether they intend not to issue a new agreement whilst you are there.

You have my sympathies though, my grievances with agents are many and plenty. They simply aren’t regulation enough, or at all in fact.

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Kind regards,


Tom

Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6450
Experience: BA (Hons), PgDip, Practising Solicitor
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