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What Is The Legal Position?

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I was on a 2-year AST from May 2007.

In August /Spetember I given an Sect 21 notice to move out in two months as landlord was selling. This was never enforced and by mutual agreement I was allowed to stay on. I carried on paying rent in the normal way without any new terms being formally agreed.

The house was sold in auction in May with completion happening in late June. A new managing agent was then appointed.

My old AST was with the previous agent / landlord - and that had been invalidated anyway by the serving of the S21 - I believe. What is my position here? What are my rights? Can I be kicked out with no notice? Now there is no AST, am I impossible to kick out?

No new rent has been agreed - what are my rights there?

Grateful for any suggestions, insight

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I was on a 2-year AST from May 2007.

In August /Spetember I given an Sect 21 notice to move out in two months as landlord was selling. This was never enforced and by mutual agreement I was allowed to stay on. I carried on paying rent in the normal way without any new terms being formally agreed.

The house was sold in auction in May with completion happening in late June. A new managing agent was then appointed.

My old AST was with the previous agent / landlord - and that had been invalidated anyway by the serving of the S21 - I believe. What is my position here? What are my rights? Can I be kicked out with no notice? Now there is no AST, am I impossible to kick out?

No new rent has been agreed - what are my rights there?

Grateful for any suggestions, insight

Hi Frizzers

Sounds like your old agents did everything correctly but

have your new managing agents given you a new contract?

Are you now paying your monthly rental to the new agent?

Are the new agents corresponding with you?

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It sounds like your original letting agent may be having a dispute with your new one. I have known of agents trying to keep a property that has been sold to another investor.

You could phone up your original agents and ask them what's going on.

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I was on a 2-year AST from May 2007.

In August /Spetember I given an Sect 21 notice to move out in two months as landlord was selling. This was never enforced and by mutual agreement I was allowed to stay on. I carried on paying rent in the normal way without any new terms being formally agreed.

The house was sold in auction in May with completion happening in late June. A new managing agent was then appointed.

My old AST was with the previous agent / landlord - and that had been invalidated anyway by the serving of the S21 - I believe. What is my position here? What are my rights? Can I be kicked out with no notice? Now there is no AST, am I impossible to kick out?

No new rent has been agreed - what are my rights there?

Grateful for any suggestions, insight

A section 21 can not end a contract during the term of the contract only a mutual break clause can be used to end a contract during the term of the contract.

Secondly a section 21 is used to bring an end to an AST that has reached full term so that it does not become a periodic tenancy, it is also used to gain posession in a periodic tenancy with 2 months notice

A court order can be used end an AST under the grounds stated in section 2 of the 1988 housing act

YOUR ORIGINAL AST IS STILL IN FORCE the new LL has to issue a section 48 notice to advise who they are by law, that is the only change.

Nothing else has changed unless of course there was a break clause in the contract and you both agreed to it

Edited by Matt Henson

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I was on a 2-year AST from May 2007.

In August /Spetember I given an Sect 21 notice to move out in two months as landlord was selling. This was never enforced and by mutual agreement I was allowed to stay on. I carried on paying rent in the normal way without any new terms being formally agreed.

The house was sold in auction in May with completion happening in late June. A new managing agent was then appointed.

My old AST was with the previous agent / landlord - and that had been invalidated anyway by the serving of the S21 - I believe. What is my position here? What are my rights? Can I be kicked out with no notice? Now there is no AST, am I impossible to kick out?

No new rent has been agreed - what are my rights there?

Grateful for any suggestions, insight

It amazes me an agent can be so clueless.... you can not end an AST under any circumstance in the first 6 months (except non-payment of rent and nusiunce) and thay tried in the first 3.... planks

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It amazes me an agent can be so clueless.... you can not end an AST under any circumstance in the first 6 months (except non-payment of rent and nusiunce) and thay tried in the first 3.... planks

But sureley if the tenant, letting agent and landlord all agree then its fine?

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But sureley if the tenant, letting agent and landlord all agree then its fine?

It is but none can impose it on the other as it seems here, just because the LL wants to sell does not mean they can cancel a contract, strictly speaking the only person who can cancel that contract is a court.

Of course they can make a private arrangement but it should include some conpensation for the tenant in return for breach of contract in the form of a compromise agreement.

Edited by Matt Henson

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I was on a 2-year AST from May 2007.

In August /Spetember I given an Sect 21 notice to move out in two months as landlord was selling. This was never enforced and by mutual agreement I was allowed to stay on. I carried on paying rent in the normal way without any new terms being formally agreed.

The house was sold in auction in May with completion happening in late June. A new managing agent was then appointed.

My old AST was with the previous agent / landlord - and that had been invalidated anyway by the serving of the S21 - I believe. What is my position here? What are my rights? Can I be kicked out with no notice? Now there is no AST, am I impossible to kick out?

No new rent has been agreed - what are my rights there?

Grateful for any suggestions, insight

Ignore the two bimbos fighting each other (as usualy, both agents/lls...) and enjoy your FREE RENT.

Lets hope it last a while...then you can move, say after 6 months, and don't pay a penny...it is their fault, not yours, you'll win.

Don't pay a penny and stay...great news.

Edited by Bubble Pricker

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Are you sure, renterbob?

You're basically saying don't pay a penny until they force me out, which will take six months?

BTW Matt and others thanks for your replies. The AST had an agreed break clause after six months. But I suspect that with the break clause in the AST having been invoked and an S21 been served, but not enforced, then a new landlord in place with a new manging agent, my suspicion is that the whole original AST is now kind of invalid and I am here without a contract ... In which case, what are my rights? I'll probably want to be here another year or so I would have thought

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Are you sure, renterbob?

You're basically saying don't pay a penny until they force me out, which will take six months?

BTW Matt and others thanks for your replies. The AST had an agreed break clause after six months. But I suspect that with the break clause in the AST having been invoked and an S21 been served, but not enforced, then a new landlord in place with a new manging agent, my suspicion is that the whole original AST is now kind of invalid and I am here without a contract ... In which case, what are my rights? I'll probably want to be here another year or so I would have thought

Please ignore Bob's advice it will get you in a lot of trouble not least owing a lot of money and going to court, if you had a break clause the section 21 is irrelivant, you have given the LL the contractual right to terminate, however as I said before provided a new section 48 has been issued advising you of your new landlord the old contract is very much in force. Remember with the break clause both he and you can terminate with notice but a break clause is also by mutual agreement and unlike a legal notice is not automatically binding in court. In other words a court needs to issue an eviction notice if a S21 has been legally served. If neither of you have used the break clause as agreed then by mutual agrement the contract is still in force, the break clause notice period has expired, the LL is still accepting rent and so the contract remains in force.

You are safely in a contract please do not worry too much, the S21 is used to terminate a contract when it expires or has become periodic (month to month when the contract terms ends) it can not be used to terminate a contract during the term or at least it is not enforceable.

Clearly you best course of action is to get a new AST signed.

Edited by Matt Henson

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If rent is being paid to a new Landlord through a new Agent and no lease is

in force, then would not this be a periodic tenancy and very much worth

hanging on to ?

I am doubtful that the original AST is still in force, but not certain.

How could a lease be in force when the original Landlord no longer owns

the property and the new Agent (presumably) is collecting rent for the

new Landlord ??

Whatever the case, it is not advisable to cease paying rent.

And if this is turning into a periodic (by default) , it is definitely worth paying the rent,

keeping quiet and simply continuing in the hope that someone makes

a huge blunder and allows it to become a "cast iron, live there till you die

and pass it on to your descendants" tenancy !

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If rent is being paid to a new Landlord through a new Agent and no lease is

in force, then would not this be a periodic tenancy and very much worth

hanging on to ?

I am doubtful that the original AST is still in force, but not certain.

How could a lease be in force when the original Landlord no longer owns

the property and the new Agent (presumably) is collecting rent for the

new Landlord ??

Whatever the case, it is not advisable to cease paying rent.

And if this is turning into a periodic (by default) , it is definitely worth paying the rent,

keeping quiet and simply continuing in the hope that someone makes

a huge blunder and allows it to become a "cast iron, live there till you die

and pass it on to your descendants" tenancy !

I am afraid you are wrong, the contract remains in force if the LL changes, the new LL simply issues a section 48 notice which they have to by law and the contract continues as before. Read the 1987 HA

What value is a periodic tenancy? you have less rights than and AST as it can be terminated at 2 months notice and the LL can increase the rent easily. No tenancy can default to protected tenancy these days it is not possible

Edited by Matt Henson

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