Audrey

[aichqu]

What is the difference between an Assured Periodic Tenancy and a Statutory Periodic Tenancy,my mother who is 87 yrs and disabled has been told she has the latter because the former agreement has not been renewed since Feb 2008. The letting agency also has informed her that the owner has gone bankrupt and that the bailiff could turn up at any time and tell her to leave without prior notice. Is this true if so this is very bad. She has been a tenant for 15 years and never missed a payment and her apartment is spotless. Can anybody out there help.

Edited August 3, 2009 by aichqu

[Planner]

Might be able to help more if you tell us the specific question why this is relevant?

[aichqu]

Thanks for your quick response. I have since editted my question since I first posted.

[Kentish Lass]

A statutory periodic tenancy is created when the fixed term of an assured shorthold tenancy ends and no new assured shorthold tenancy is signed.

 

All of the terms of the original tenancy apply EXCEPT those relating to notice periods. Under a statutory periodic tenancy, Landlord has to give TWO months notice, and Tenant has to give ONE months notice, both to end on the last day of a rental period.

 

Under the circumstances you have described, your mother is extremely vulnerable. The letting agency are probably letting you know that your mother may have to leave with little notice, but suggesting that the bailiffs will turn up without any warning and turf her out are scaremongering. Anyone wanting to gain possession of the property will have to get a court order - and under the circumstances I suspect a judge would be quite sympathetic.

 

However, that does not alter the fact that your mother is probably going to have to move at some time in the not too distant future. I am sure she will find this very distressing but you must try and get her not to worry - something will be sorted out for her.

 

The first thing you should do is to contact your local CAB, and also your mother's local council, and maybe social services.

 

The second thing I would do is to check with the Land Registry. Obtain from HMLR (LR Online) a copy of the registered title entries. It costs £4. This should give you the name of the owner of the property and I think it also shows any other interested parties, eg. mortgagees. At least you will have some idea of whom you are dealing with.

 

You might get clarification from the Agent - they say the owner has gone bankrupt - is the "owner" an individual (i.e. are you going to be dealing with a mortgage company) or is the "owner" a company (in which case are you dealing with an administrator).

 

Do come back and let us know your progress and we will help as much as we can.

[aichqu]

Thank you so much for your prompt reply and full script, that helped me enormously. I figured that perhaps the bailiff could not just turn up like that and turf her out, but I really needed to hear it from an expert. I have filled some forms in for her today with a Housing Assoc so I will keep my fingers crossed, my mother has a heart condition and worries over everything anyway but this has upset her dreadfully. I think this is very callous and irresponsible behaviour even for Estate Agents.

 

Once again Thanks:)

[Kentish Lass]

Thank you so much for your prompt reply and full script, that helped me enormously. I figured that perhaps the bailiff could not just turn up like that and turf her out, but I really needed to hear it from an expert. I have filled some forms in for her today with a Housing Assoc so I will keep my fingers crossed, my mother has a heart condition and worries over everything anyway but this has upset her dreadfully. I think this is very callous and irresponsible behaviour even for Estate Agents.

 

Once again Thanks:)

 

You are very welcome! There are some very good letting agents, but in the main they are a bunch of greedy, ignorant idiots who don't have a clue what they are doing!! Mind you, that also applies to quite a few landlords!

 

Unfortunately, this scenario is turning up more often now as people's businesses are failing. If your mother's landlord has had the property for 15 years, things must be bad for him to have gone bankrupt. Many of the new BTL landlords have come a cropper, but it is unusual for an established landlord.

 

I hope it works out with the Housing Association. That is what they are there for to help people like your Mum.

[jackieandwayne]

You need to take your mum very quickly down to the local Housing Department. She is at risk of losing her home, and comes under the category of vulnerable/elderly under homeless persons legislation. Your mum could well end up with a nice sheltered property with a warden on hand if she plays this right.

 

The Council will do all that they can to prevent the homelessness, and that will include investigating exactly what is going on here.

 

Tell mum to watch out for any post addressed to "The Occupier" and open it immediately, it may well contain details of when the bailiffs will call. They need to be aware that there is an elderly vulnerable person living here, and they should act accordingly. They cannot simply turf your mum out into the street, but at that age it is very frightening none the less. Your mum will remember the old Rachman style landlords, and this will worry her even more. She needs a professional to make her understand that she has rights then she can breathe easy.

 

Pop along to the Council as soon as you can, and everything will be fine.

[aichqu]

Thank you very much for your reply, I have tried to tell my mum that she will be ok but you know what the elderly are like she is worried sick. I have written back to Bank of Scotland who have a charge on the property, (they are the people who have sent the notice to her) and asked them to address any communications directly to me to avoid any further upset as I feel this may be my mothers downfall. It's such a shame it all comes down to money at the end of the day.