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Thomas
Thomas, Solicitor
Category: Property Law
Satisfied Customers: 7569
Experience:  UK solicitor holding an England and Wales practising Certificate.
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My landlord has told me he wont renew my tenancy as he needs

Resolved Question:

my landlord has told me he wont renew my tenancy as he needs the house for extended family of his coming to the uk ,,,can he do this
Submitted: 1 year ago.
Category: Property Law
Expert:  Thomas replied 1 year ago.
Hi
Thanks for your question.
Is this a residential tenancy?
When did the fixed term of the tenancy start? When does it finish?
Kind regards
Tom
Customer: replied 1 year ago.

Yes it is a residential tenancy and it's started and ends on 22 July. The landlord has only commented that he will not let me have another 12 months because he has extended family from Pakistan coming to the UK and needs the house for them

Expert:  Thomas replied 1 year ago.
Hi,
Thanks.
Do you mean that the fixed term stated on 22 July 2014 and will finish on 22 July 2015, yes?
Tom
Customer: replied 1 year ago.

yes this is correct....although i have had in writing that he was going to renew my tenancy alll i have to do is pay admin fee today

Expert:  Thomas replied 1 year ago.
Okay.
Has he served you a s21 notice requiring possession on or after 22 July 2015?
What have you got in writing? Have you both signed a renewal tenancy for 22 July 2015 to 22 July 2016?
Kind regards,
Tom
Customer: replied 1 year ago.

i have the renewal notice in front of me from the agents requesting admin fee £125 and a covering letter saying that the landlord is happy to renew my tenancy. But the landlord came round yesterday and said i might need the house back because i family from abroad coming to the uk.. I have had nothing from the landlord in writing. He just says hes been trying to buy another house but cannot find one suitable. I was going to go and renew my tenancy and pay the admin this morning so he could not pursue the termination.

Expert:  Thomas replied 1 year ago.
Hi,
Thanks.
Have you received a s21 notice from the landlord at any point during the tenancy stating that they required possession (ie eviction) on or after the 22 July 2015?
Kind regards,
Tom
Customer: replied 1 year ago.

No, I have had nothing in writing from the landlord ever.

Everything has been done with the agents , they have not served this either.

It was just a passing conversation we had yesterday that got me angry as i have just settled with my 3 sons. He said because my contract will be over he can do this. But i thought it was unlawful to make someone homeless to house someone else when there has not been a breach of tenancy agreement,

Customer: replied 1 year ago.

Thomas are you not dealing with this now for me

Expert:  Thomas replied 1 year ago.
Hi
Thank you for your question and patience, I’m Tom and I’ll try to help you.
Unfortunately, the letter you have received from the landlord’s agent is not sufficient so as to regard the tenancy as being renewed.
If a tenant has not breached the tenancy agreement during the fixed term then it’s very difficult to evict the tenant before the fixed term ends. However, once the fixed term has ended it is quite easy for any landlord to get possession.
To get possession at the moment they would have to serve a s21 notice on you. This is a notice which requires possession at the end of a fixed term. They have to give you two clear months notice of eviction in the notice and the last day of the two month notice period has to expire at the end of a rent period (ie. 22 of each month)
So, if you have not received this notice yet then the earliest that the landlord could evict you would be 22 August because the earliest notice period that would be valid would be from 22 June – 22 August. If they gave you any less notice than this then it would be invalid and the court would throw it out.
So, yes, the landlord is entitled to evict you because there is no renewed tenancy but they are restricted as to when they can actually evict you because of the notice period they are required to serve.
I would suggest that you stay silent for the time being as to the notice they are required to give. Let them find out the correct notice they must serve and hopefully they will realise late and you may squeeze another month out of them by making it to 22nd June without getting the notice, so that they are then required to serve a notice that starts on 22 July and finishes on 22 September.
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
Customer: replied 1 year ago.

If i go and renew my contract today as the agents have requested does that change much, also can he terminate the agreement to put other people in .. I did not want raise this point but my landlord is Muslim and the family coming into the UK are Muslim.

Are these legal grounds for eviction

Expert:  Thomas replied 1 year ago.
Hi,
Yes, if you renewed your tenancy in that both you and the landlord signed a new tenancy with a new fixed term and the tenancy was then dated then it would help you hugely.
It would mean that you would not be evicted (provided you did not breach the tenancy) for the whole of the fixed term.
The only way that he might be able to evict you is if he gave you a notice before you signed the renewed tenancy that he might require the property back for him to live in as his principal residence (him, not his extended family), but he would have to give you notice of this before (or when) you signed the new tenancy.
Kind regards,
Tom
Thomas, Solicitor
Category: Property Law
Satisfied Customers: 7569
Experience: UK solicitor holding an England and Wales practising Certificate.
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