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Remus2004
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 70421
Experience:  Over 5 years in practice.
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I have had a short assured tenancy for 12 month after this

Customer Question

I have had a short assured tenancy for 12 month after this its been rolling for 7 years with my landlord 2006 i moved in AND MY RENT WAS £500 I paid a deposit of £500
in 2011 they put my rent up to £550 but i never signed another tenancy.
i have just been served notice as they are selling the property so they tell me and the letter sent says i have previously been served with a section 21 notice which has now expired and allows them to have immediate possession is this right i thought i was allowed 2 month to leave. also my rent increesed yet i signed nothing to agree this what can i do i have had no papers about my bond being registered
Submitted: 3 years ago.
Category: Property Law
Expert:  Remus2004 replied 3 years ago.
Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

What would you like to know about this please?
Customer: replied 3 years ago.

can my landlord get me to leave before 2 month and should my bond have been registered when they changed my rent amount withiut me signing anything

Customer: replied 3 years ago.

do i have to move before 2 month my bond is not registered even tho i was asked to pay more rent in 2010 but signed nothing extra is this legal

Expert:  Remus2004 replied 3 years ago.
Thanks.

When did the original AST end roughly please?
Customer: replied 3 years ago.

i took it for 12 month 2006 to 2007 then it was rolling i havent signed anything else but 2010 they put up my rent by direct debit still not signing a new ast yet now they say i was served a section 21 when i moved in 7 year ago so they only have to give me 4 weeks notice i have never been in rent arrers and always paid on time my rent

Expert:  Remus2004 replied 3 years ago.
Thanks.

I'm afraid there was no need to secure the deposit then. The original AST was before April 2007 and so the need for securing of the deposit was not in existence at that time. Thereafter this agreement rolled over into a periodic so there was no requirement to secure the deposit I'm afraid.

However, they cannot just increase you rent without giving you proper notice. They are supposed to give you a period of notice sufficient to allow you to leave if you choose.

They do still have to serve a S21 notice upon you though even on a periodic agreement. Its very unlikely that its a valid one here.

A S21 notice can be relied upon for 12 months. The notice that was served must give you a clear date for its end. I don't know whether this one does or not but I suspect they are not compliant.

However, they can serve a S21 notice at any time during a periodic but it must be on or before a rent date and give no less than two months notice.

Can I clarify anything for you?

Jo
Customer: replied 3 years ago.

so because they have only given me 6 weeks to move out and not 2 month is there anything i can do as this has caused me much trouble having just recovered from a brake down and being a lone parent with 3 children finding the money to secure another property is very hard

Customer: replied 3 years ago.

o because they have only given me 6 weeks to move out and not 2 month is there anything i can do as this has caused me much trouble having just recovered from a brake down and being a lone parent with 3 children finding the money to secure another property is very hard

Expert:  Remus2004 replied 3 years ago.
Thank you. You have left a negative rating but asked for more information which seems inconsistent. I will be happy to carry on with this if the negative rating was a mistake. I know thats easy to do as I’ve done it myself in other categories.
Remus2004 and other Property Law Specialists are ready to help you
Expert:  Remus2004 replied 3 years ago.
Thank you for the positive rating and remember that I am always available to help with your questions. For future information, please start your question with ‘FOR JO C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/

If they have only given you six weeks notice then its an invalid notice and they could not get a possession order upon it.
Customer: replied 3 years ago.

can i sue them for all the distress this has caused me and my family

Expert:  Remus2004 replied 3 years ago.
No, I'm afraid not. Thats not a head of compensation in the UK.
Customer: replied 3 years ago.

so i dont have to move out on the 31march do they have to serve me notice again from then for 2 month or just add 2 weeks on from the 31st


 

Expert:  Remus2004 replied 3 years ago.
If the S21 notice is wrong then that is certainly correct.

They may try to evict you at court but it will fail if the notice was not of a sufficient length.