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Thomas
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 7478
Experience:  BA (Hons), PgDip, Practising Solicitor
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We are reaching the end of our tenancy agreement and intended

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We are reaching the end of our tenancy agreement and intended to continue.
The landlord however wants to sell. We are a family of four with a seven month old baby.
What is the legal aspect forums if we had problems to move out to the end
Of the agreement as we wanted to buy and may not have found a suitable. Property?
Has the landlord legal handle to force us out? Ist here any legal protection for young famines?
Hi,

When does the fixed term of the tenancy expire please?

Is this an assured shorthold tenancy?

Have you received a s21 notice from the landlord yet?


Tom
Customer: replied 3 years ago.
The end of the short hold assured tenancy is 31/5/13. No S21. We gave written intention to extend six weeks earlier.

Stephan
Hi

Thanks for your patience.

Bad news first. The first thing to say is that you have no right to an extension. If the landlord is not minded to give you an extension then he does not have to.

There are no additional rights accruing to tenants with children either.

The good news is that tenant have significant rights in terms of eviction. You cannot be evicted without a court order for possession. If you were then it would be an illegal eviction and you could sue the landlord and recover considerable damages from him.

Therefore if the landlord want you out then he has to serve a valid s21 notice on you. This must give you two months notice of eviction on the final day of the tenancy. Therefore, if you do not receive a notice by 31.03 then the landlord would not be able to get you out of the tenancy at the end of the fixed term. He would have to serve another notice and get you out a month later effectively.

He cannot get around serving notice – he has to do it and if he doesn’t then he cannot get you out.

If you receive the notice but do not leave on the date that it properly expires then they will have to go to court for a possession order. If you have a written tenancy agreement then they could use the accelerated possession procedure which means there would be no court hearing, but even this would take at lease two (probably three) weeks from the date the expired notice is submitted to court. Once the order for possession has been served on you the landlord will have the right to use the bailiffs to get you out. You would remain liable for the rent until you leave the properety and also the landlord costs of the possession claim.

If you stay in the property beyond the fixed term then the tenancy turns in to a statutory periodic tenancy which means that it continues on the same terms from month to month, but if you wished to leave you would have to give the notice described on the following page:-
http://www.landlordzone.co.uk/notice_to_quit.htm

See “Notice by Tenant”.

I am sorry that I could not have better news for you. Hopefully they won’t serve the notice.

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Kind regards,


Tom
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