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Thomas
Thomas, Solicitor
Category: Property Law
Satisfied Customers: 7602
Experience:  UK solicitor holding an England and Wales practising Certificate.
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My landlords are selling the property I live in. I had a one

Customer Question

My landlords are selling the property I live in. I had a one year fixed term lease which after the year was up was never formally renewed. I have been here for just over 9 years. They have not yet given me formal notice but today called to say they want me out by end of February because they've sold their own house and now want to move into this one.They seem to think that because they've kept me informed about the selling of the house that now gives them the right to tell me to leave when they want. As I understand it I'm entitled to two full months. I pay my rent on the 25th in advance so have already paid January's rent. I had planned to move at the end of March. My question is can they force me to leave at end of few, how much notice do they formally need to give and when does that notice start ie from the moment I receive written notice or from the next full period which would be 25th Jan? Thanks
Submitted: 2 years ago.
Category: Property Law
Expert:  Thomas replied 2 years ago.
Hi,
Thanks for your patience.
If you have a statutory periodice tenancy because your tenancy was never renewed then the can only apply for an order for possession once they have served a section 21 notice on you.
The requirement for the notice is that it must be in writing and give you two clear months notice with such notice to expire at the end of a rent period (ie when you pay your rent).
So, if you have not received any kind of notice from them the earliest notice they could serve which would be valid would be to run from 25/01-24/03. Therefore, the earliest date that they could in theory be entitled to take possession would be on 24 March but to do that they would have to serve the notice on you before the notice period starts to run on 25/01,
They cannot evict you before the end of February because of this. Their claim for possesison would be thrown out if they did.
So if you wish to stay, just play dumb and string them along without giving them any suggestions as to when you might leave.
It sounds like they have not covered themselves well here and you are in a good position to reach your objective.
Kind regards
Tom
Thomas and other Property Law Specialists are ready to help you
Customer: replied 2 years ago.

Don't need more information, I just wanted to say thanks for your answer which has put my mind to rest. You answer was really well explained and I am grateful for your help

Expert:  Thomas replied 2 years ago.
You're welcome

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