Does AST continue even with no contract?

[phoenix11]

Is there a time limit whereby an assured shorthold tenancy may no longer apply if a) the contract has not been renewed and b) the tenant has been living in the property for several years?

[mariner51]

No. An AST at end of fixed term will automatically become a Stautory Periodic Tenancy, with same T&Cs and slightly modified Stat Notice periods & date requirements for both LL & T. This will continue until T is vacated or a new AST is signed.

If original TA was for a period of more than 3 yrs fixed term, it was not an AST.

[phoenix11]

Original TA was for 6 months and was renewed regularly for some years but then lapsed. Last AST was signed 16 months ago.

 

Things seem to have gone inexplicably awry and LL has become 'difficult'.

 

Today, after an 'issue'' which he flared up over and turned out to be nothing to do with me, I've become aware that he has almost certainly been entering my home when I have not been around but cannot prove it without challenging him.

 

So, I'm rather gearing up for the worse as there is definitely something wrong.

 

What would be the modified Stat Notice period?

 

Also, if he has been into my home, I am concerned it could be to log my personal possesssion to lay claim to my property because technically I am a bit behind with my rent. If he had to take me to court because I would not be able to just move out to another private rented property for so many reasons, I am assuming he would want to try to seize my goods.

 

I know I can change one lock on the door, but that would be too late. I was under the impression he did not have a key to the property (his claim) and he knows how I feel about being in the home when anyone needs to call to carry out necessary work.

 

Any help or other tips would be an immense help as I'm feeling really flaky about this.

 

[mariner51]

The last signed AST is in force. If it has become a SPT at end of fixed term then Notice periods are 2mo for LL, 1 mo for T, served by end of T period to expire at end of next rel T period

If any LL entry without T permission during T would require evidence from T.

You are entitled to change all entry locks, provided originals are re-instated at end of T or new keys provided to LL

 

You state you are 'a bit behind with rent'. How much?

Acc to Shelter rent is a PRIORITY debt

Edited January 17, 2012 by mariner51

[phoenix11]

I just typed a reply and it has disappeared - not good. I'll try again.

 

 

Thanks for your help, Mariner.

 

I think it has become a periodic tenancy having just had a squint at the small print. Essentially, everything has been very relaxed until very recently and apart from the occasional contracts, nothing has been put in writing from him. So, I'd sign another 6 month AST and then he'd not bother with another one at the end for a few months, and so on.

 

It's a standard contract downloaded from Lawpack. It's very difficult to read the small print on the back but I've picked up on one thing.

 

I am behind on the rent by about 10 days although that reduces every month as I'm paid HB every four weeks. I have to make up the shortfall which is currently £40 to meet the monthly rent.

 

However, the terms on the back state I am not allowed to be behind by more than 21 days, and there have been the odd times in the past when trying to sort out the HB that I've been more than that.

 

The other odd thing is that some years ago, when I was in difficulties, I ended up missing a rent and the LL accepted that I'd forfeited the deposit - but again, nothing in writing. So I don't know where I stand with that.

 

I've also picked up that the recent contracts he has used say things like I'm not allowed to decorate the property without his permission in writing, but the old contracts stated that I was responsible, so I've been keeping the property decorated throughout inside.

 

I can't prove he has been in the house, but I'm not mistaken, because he's made errors, but proving it will be another thing, so I'll have to change the lock.

 

I'm really very upset it's come to this as everything has been so amicable until just two weeks ago.

 

I will have a lot of problems getting rehomed because I don't have any assets or savings, so no money for a deposit or bond that agencies require and my credit rating is very iffy as I still have my long, ongoing debts.

 

I'm on basic pension with a pension credit top-up and so get HB etc.

 

I know it's not my property and I would have to move eventually, but right now, things would be very difficult.

 

So, I presume he'd have to give me 2 months notice if he wants me out for whatever reason, and if I can't find anywhere local (which I want to be for my son as well as not wanting to move away from the area where I've lived for a huge part of my life), then he has to go to Court and I end up with even more debt for his fees???

 

What would be the situation with the deposit?

[raydetinu]

Has the deposit been protected, he must give you details of this at the time it you moved in.

If it is not protected, he cannot issue a S21 notice or evict you; however he can evict with a section 8 notice if you are behind with the rent consistently or more than two months ( accelerated process possibly ).

[R J Dearden]

Has the deposit been protected, he must give you details of this at the time it you moved in.

If it is not protected, he cannot issue a S21 notice or evict you; however he can evict with a section 8 notice if you are behind with the rent consistently or more than two months ( accelerated process possibly ).

 

There is no accelerated process under Section 8 - accelerated possession can only be applied where the S21(1)4 Notice (ie served within a periodic tenancy) has expired and the tenant has failed to vacate. Other rulings in there too about requiring deposit protection and a written tenancy agreement in order for this process to potentially work.

 

A Section 8 is not eviction in on it's own - it is a document informing the tenant that the landlord is going to enter into legal proceedings (usually following 14 days of the notice being received) in an attempt to obtain a possession order which can only be given by a court following a hearing.

 

If the landlord serves notice and the deposit is not protected then that notice is not enforceable should the landlord seek to subsequently go through the accelerated possession route. ie the landlord would get the paperwork thrown back at them by the court.

 

To the OP - I hope the landlord does not serve notice upon you but let us know if this does happen.

Edited January 19, 2012 by R J Dearden

[phoenix11]

Thank you, guys - this has been a huge help and explains a lot.

 

It all seems so complicated these days.

 

I've copied the info so I can know where I stand if it does get to crunch time.

[raydetinu]

by accelerated I meant the 14 days after the issue of a section 8, which the LL can apply for even if deposit not protected ( which he can do at any time before the court hearing ).

He cant go to court with a section 21 notice.

So advice is keep rent up to date.