Assured tenancy- section 21 notice
Discussion
Looking for some advice
I had an assured short term tenancy until Oct 2016. Going forward the letting agency suggested a rent increment and asked for a renewal fees. A agreed to the increment and paid the renewal fees. for renewing the tenancy for 6 months until end of April 2017. I have since been paying increased rent for the last two months. However I never got the actual renewal contract. (In hindsight I should have pushed and asked for one.)
Today I have been sent a section 21 notice asking me to vacate the property by February 2017. My reading is that I have been given notice on the basis that The tenancy has become periodic tenancy
I am just looking for some advice as to where I stand. Do I have an assured short hold tenancy by implication (in that I have chain of emails and I have paid renewal fee and increased rent) or in the absence of any renewal contract it has become periodic and I can be asked to vacate on 2 months notice.
If its the latter can I then claim back the renewal fee and additional rent I have paid and continue paying rent at the lower rate going forward.
Ideally I would like to stay on in the property until April as I have made lots of plans on that basis
Any advice would be much appreciated
I had an assured short term tenancy until Oct 2016. Going forward the letting agency suggested a rent increment and asked for a renewal fees. A agreed to the increment and paid the renewal fees. for renewing the tenancy for 6 months until end of April 2017. I have since been paying increased rent for the last two months. However I never got the actual renewal contract. (In hindsight I should have pushed and asked for one.)
Today I have been sent a section 21 notice asking me to vacate the property by February 2017. My reading is that I have been given notice on the basis that The tenancy has become periodic tenancy
I am just looking for some advice as to where I stand. Do I have an assured short hold tenancy by implication (in that I have chain of emails and I have paid renewal fee and increased rent) or in the absence of any renewal contract it has become periodic and I can be asked to vacate on 2 months notice.
If its the latter can I then claim back the renewal fee and additional rent I have paid and continue paying rent at the lower rate going forward.
Ideally I would like to stay on in the property until April as I have made lots of plans on that basis
Any advice would be much appreciated
A section 21 is only a request for you to leave. It cannot force you to.
If you stay put the agency/LL will have to wait and then get a court order to force you to leave.
I normally hate people playing the game but seeing as they are being toasters just sit tight and give then a months notice in March.
If you stay put the agency/LL will have to wait and then get a court order to force you to leave.
I normally hate people playing the game but seeing as they are being toasters just sit tight and give then a months notice in March.
You have emails and an implied contract given you started paying the requested increase in rent. 
http://www.legislation.gov.uk/ukpga/1988/50/sectio...
http://www.legislation.gov.uk/ukpga/1988/50/sectio...
Do you have any evidence that you paid the renewal fee to the letting agent ?
You have paid the agent a fee for a service they did not complete correctly, and as a result you are now likely to lose your home, i dont think courts would look too favourably on then about this if you made a claim for compensation
You have paid the agent a fee for a service they did not complete correctly, and as a result you are now likely to lose your home, i dont think courts would look too favourably on then about this if you made a claim for compensation
garyhun said:
A section 21 is only a request for you to leave. It cannot force you to.
If you stay put the agency/LL will have to wait and then get a court order to force you to leave.
I normally hate people playing the game but seeing as they are being toasters just sit tight and give then a months notice in March.
^^^^^agree, a Section 21 Notice is a request for a tenant to vacate, end the tenancy, it is not a repossession notice, only a court can serve the same.If you stay put the agency/LL will have to wait and then get a court order to force you to leave.
I normally hate people playing the game but seeing as they are being toasters just sit tight and give then a months notice in March.
OP from your original post, you have implied that the agents have granted you a further Assured Shorthold Tenancy Agreement (hereafter AST), although it could be argued by the agents that the original AST rolled over into a monthly Statutory Periodic Tenancy.
If I were in your same position, and you wanted to continue your tenancy at the rental property, then I would delay contacting the agents until the expiry date of the Section 21 Notice, and see then what action the agents take. If you adopted this position, then with the sympathy of the courts, which in your case i would expect, it could be 5-6 months before the agents/landlord gains repossession.
OP - you either have an new fixed term tenancy or a periodic. As you don't have the LL signed copy of the new fixed term it could be argued that it has not been exchanged and thus not in force but that would give you automatically a periodic.
Its difficult without seeing all the email/written correspondence. It could be argued that you have overpaid your rent as it was not legally due as there was not formal increase/no new TA Its a bit of a mess.
Whatever happens you are going to have to leave. You have to weigh up the hassle factor and perhaps court judgement against you -v- leaving at the end of the 2mths notice and work on the basis its periodic.
As an ex solicitor and now a Letting Agent -I think it unlikely that you would "win" if you don't have the owners signed TA for a further fixed period. I think it will be a periodic. Certainly ask for your fees back and the overpaid rent. Perhaps make a complain to the agents (is is a general Estate agents or specialist Letting agents?)
Its a bit of a red herring - you are going to have to leave anyway Feb or April and my best advice would be to look to move out in accordance with the notice you have, get a good reference and move on.
Its difficult without seeing all the email/written correspondence. It could be argued that you have overpaid your rent as it was not legally due as there was not formal increase/no new TA Its a bit of a mess.
Whatever happens you are going to have to leave. You have to weigh up the hassle factor and perhaps court judgement against you -v- leaving at the end of the 2mths notice and work on the basis its periodic.
As an ex solicitor and now a Letting Agent -I think it unlikely that you would "win" if you don't have the owners signed TA for a further fixed period. I think it will be a periodic. Certainly ask for your fees back and the overpaid rent. Perhaps make a complain to the agents (is is a general Estate agents or specialist Letting agents?)
Its a bit of a red herring - you are going to have to leave anyway Feb or April and my best advice would be to look to move out in accordance with the notice you have, get a good reference and move on.
Edited by superlightr on Tuesday 20th December 11:17
I was going to suggest that you may have an avenue of recourse through the letting agency failing to provide you with the obligatory Prescribed Information, however it seems the statutory guidelines have changed since I last had to deal with these profiteers.
Prescribed information guidance
I previously used failure to provide PI to force an agencies hand with regards to returning a deposit. I have sympathy with you, I really can't see how it should be up to you to be chasing them for the contract, particularly if they've charged you to renew it.
Prescribed information guidance
I previously used failure to provide PI to force an agencies hand with regards to returning a deposit. I have sympathy with you, I really can't see how it should be up to you to be chasing them for the contract, particularly if they've charged you to renew it.
I suspect the landlord doesnt even know youve paid renewal fees. Renewal fees are the biggest rip off going when all they are doing is reprinting the same document with new dates on. It very rarely benefits the tenant or the landlord but makes the estate agent a nice fat wad for minimum effort.
Im sure the estate agents would be fully aware if you contested things and it went to court, you wouldnt be evicted until after the expiry of the tenancy anyway - regardless of its validity - as it just takes so long with the system.
Im sure the estate agents would be fully aware if you contested things and it went to court, you wouldnt be evicted until after the expiry of the tenancy anyway - regardless of its validity - as it just takes so long with the system.
Psycho Warren said:
I suspect the landlord doesnt even know youve paid renewal fees. Renewal fees are the biggest rip off going when all they are doing is reprinting the same document with new dates on. It very rarely benefits the tenant or the landlord but makes the estate agent a nice fat wad for minimum effort.
Agreed, I offered my tenant the chance to move to a rolling AST rather than going back to the agency, he happily agreed, no further agency involvement necessary.Thanks for the advice guys.
I have asked the agency to clarify their position.
If they really want me to move out in Feb, I would definitely be seeking a refund of the overpaid rent, I'm sure they cant have it both ways
Its an independent lettings agency, Its not been the best experience
I have asked the agency to clarify their position.
If they really want me to move out in Feb, I would definitely be seeking a refund of the overpaid rent, I'm sure they cant have it both ways
Its an independent lettings agency, Its not been the best experience
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