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Thomas
Thomas, Solicitor
Category: Property Law
Satisfied Customers: 7617
Experience:  UK solicitor holding an England and Wales practising Certificate.
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I am a tenant renting from a private landlord on a Assured

Customer Question

I am a tenant renting from a private landlord on a Assured Shorthold Tenancy. I have been sent yesterday evening a email from the landlord requesting that I leave the property immediately as he wishes to leave in the property for 3 months as he is selling it. He has said this is because of inheritance tax! I work in the field of accounting and have asked my office and this is not the case. What he is doing he is trying to dodge the tax system on Capital Gains Tax. But what the landlord appears not to know is that he can not put the property up for sale whilst he is living in the property for 3 months as this is seen by the HMRC as fraud!
However, my question is, can the landlord just demand that we leave? Should the landlord not issue me with a S21 notice to terminate? I want to have all my facts before I reply to the landlords email.
Submitted: 3 years ago.
Category: Property Law
Expert:  Thomas replied 3 years ago.
Hi,
Thanks for your question.
When does the fixed term of the tenancy expire please?
Has the landlord served you with any notice at all? ie. either a s21 notice or a s8 notice..
Kind regards,
Tom
Customer: replied 3 years ago.

Hi Tom

My tenancy started on 12th August 2011 and is on a 12 month contract. No the landlord has not issued me with anything, he has only sent me this email the other night and instructed the estate agents to put a board up 'For Sale' without saying anything to us!!

Kind regards

Chris

Expert:  Thomas replied 3 years ago.
Hi Chris,
You have stated that your tenancy started on 12 August 2011 and was a 12 month contract.
Has it therefore expire?
Kind regards,
Tom
Customer: replied 3 years ago.

No it is a rolling over contract and that it rolled over every year I have been at the property.

Expert:  Thomas replied 3 years ago.
Hi
Thank you for your question and patience, I’m Tom and I’ll try to help you.
If the tenancy has expired then the tenancy is now a statutory periodic tenancy. You are correct in that this means that it continues from month to month on the same terms.
You are still protected under this form of tenancy, which means that the landlord cannot evict you without first serving either s8 notice or a s21 notice on you. It would be an illegal eviction if he tried to evict you without serving the notice.
A s8 notice is only available where particular grounds apply. One of those grounds is for where the landlord wants to live in the property for his own accommodation. However, in order to serve a notice on this basis the landlord must have advised you in writing sometime before original tenancy started in 2011 that he may want to move in for his own accommodation purposes. If he did not do this then he cannot serve this type s8 notice
He can serve a s21 notice requiring possession on you. The requirements are that the notice period must be in writing and must state that he is giving you two months notice to get possession on a particular eviction date. The eviction date must be at the end of a rent period (ie. the end of the month to month cycle that you have) and you must get the full two months notice.
If he does not comply with the requirements of either notice then he will not be able to evict you, because a court would not make an order for possession without the valid notice.
If you wish to stay in the property for as long as you can, I would just ignore him or fob him off. Don’t mention the notices because you will tip him off as to what he should actually be doing.
My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.
Kind regards,
Tom
Thomas and other Property Law Specialists are ready to help you
Customer: replied 3 years ago.

You have just made my day. I thought I was right but I needed to be sure.

Thank yor for your help.

Have a good day

Customer: replied 3 years ago.

Hi Tom


 


I am hoping you can help me again in relation still to the above. The landlord turned up on the doorstep yesterday evening (24th July) with another gentleman.


The other gentleman then proceeded to inform that he will proceed to serve me notice.


I asked the gentleman who he was and Mr Perry Hatcher informed me that it was his brother who rents out a number of properties so knows what he is doing.


I then turned to the gentleman and informed him that my tenancy is with Mr Perry Hatcher and not him. I also informed him that he could not serve the notice as he is not the landlord,


Am I right in saying this?


Is Mr Hatcher allowed to bring a third party into a meeting which as far as I was aware was between me as the tenant and him as a landlord?


 


If I am going to be honest I felt this was a bullying tactic and I am sure they are not allowed to do that?


 


Thank you


 


Chris