Craig wrote:
It's usual to get a new tenant to sign a to agree to a ASL and then after it has expired (usually 6 months) not renew it or offer to renew it. This then places the upper hand with the landlord as the tenant now has only statuary rights and not the 'extra' protection of having a third party act as a kind of 'escrow' for any disputes (which is usual implied in a contract).
This is incorrect. If an Assured Shorthold Tenancy (almost all private rents in England and Wales since 1997 are) reaches the end of its minimum fixed term, it remains in place; all contract terms stay the same. This is then Periodic Tenancy.
The only thing that changes is the clients right to end the contract; at the end of the fixed term the client can leave by providing one month's notice. The landlord's rights to end the contract are unchanged, and can only be executed by providing two week's notice, in writing, if there is a reason to evict; not paying rent, unfortunately, is a reason. This would need to be sent recorded delivery. After that two weeks they can then apply to the court for an eviction order if the tenant hasn't left.
Shin trying to contact them etc doesn't change any of this, but it does make them shit. It is possible that she could convince the magistrate that she had been trying to pay them and it is their fault they haven't contacted her with statements etc. If that happens, I think they could toss out the two weeks notice thing, and go back to the default legal requirements when there is no breach of contract, which is two month's notice. By the time the court case gets a date etc that would be around Christmas now.
My gut says if Shin actually manages to speak to the landlords and say this ("I will get up in court and show them copies of numerous letters sent from me asking for clarification of my payment history that you ignored, and therefore I had no idea how much I should be paying so if I got it wrong, I'm very sorry but it's not my fault") they may suddenly back down. Companies are often less keen on pushing you around once you demonstrate you know exactly what your rights are.
HANG ON I just reread the first post. An "order for possession" can only come from the court, and it can only come after they have proven to the court (usually they post things registered delivery for this) that they gave you the correct amount of notice (two weeks if there are rent arrears, two months normally) that they were seeking it. As you have had no such notice it's invalid. Craig is right -- ring the local Magistrate's Court and ask if they've done this, and if so, how they have possibly received proof of something that hasn't happened.
More
here.
SPEAK TO CITIZEN'S ADVICE RIGHT NOW. I AM NOT A LAWYER. EVEN THE TOKEN BETEO LAWYER CAN'T ADVISE YOU. On which note, good god man, what use are you?
Mr Chris wrote:
Well, true - but it depends on what the tenancy agreement says. If it says "we can kick you out on 4 hours' notice", that's tough shit if you signed up to it. If it doesn't say anything at all about notice periods when they temrinate for arrears, then I'm not sure what applies - either a statutory period (someone has said 14 days which rings bells),
I'm aware I'm arguing legalise with a lawyer, but surely your statutory two-weeks-or-two-months notice period cannot be signed away in a contract because it's, like,
statutory?
Quote:
But as I said, unless arguing will get you an extra month or two (which would seem unlikely for an ASTA), it's not really worth the hassle as you'll be due out by the time you get it resolved.
I disagree, reading the first post at face value suggests the landlord has not followed the correct procedure for the possession order as they didn't give Shin two week's notice that they would be seeking it. Further, her pursuing them to make payments, requesting statements, and so forth muddy the waters as to whether she should be getting two weeks or two months notice; yes, she is in arrears, but for all the Landlord knew she had all the money to settle the arrears to hand weeks ago and just needed to know how much to pay. I think she has a good chance of buying some time in the current property. I agree she's almost certainly going to have to leave, unless the landlord suddenly changes their mind, but hopefully not this Friday.