New Landlord and New Contract

[wannagetadvice]

Can anybody advise me please?

 

Been living in rented accommodation for over 11 years, old landlord who leased property with his shop has now left and so agents have become my new landlords, so gave me a new contract.

 

I'm really nervous as not sure what my rights are and could I get evicted as new contract says short term, 6 months.

[honeybee13]

Hi.

 

What type of lease have you had up to now please?

 

HB

[wannagetadvice]

Hello,

 

Initially I had a standard short term lease and put deposit with the landlord but after a year, he gave me back my deposit and he said he didn't worry about another new lease as he trusted me and so have been renting here for 10 years without a lease/contract and just paid my landlord rent.

[Peterbard]

It is usual policy to commence with a short tem lease, then when this ends to go onto a mothly renewable arrangement. As far as your safety is concerned it will be the same as it has been since the end of your short term tenancy. There is procedure to reclaim the property, but that is through what is called, the section 21 procedure, unless there is arrears, This gives you plenty of notice, talking months. If you are worried , the best thing to do is to talk to the new owners or their letting agents.

It would be good to see the new contract the agents have given you.

[wannagetadvice]

I have no arrears, never have, always paid my rent but I'm just worried for my future here.

 

I was under the impression that I couldn't be evicted for no reason and that I was safe, so  that is why I'm frightened to sign the new contract.

 

Is it true that a landlord/agent cannot just evict to get another tenant to pay more rent?

[London1971]

Woah, there is a red warning light flashing here. Often this is a sign that a property owner is lying to their mortgage company, they may actually have a residential mortgage without telling their lender that there is a tenant.  If they are found out the property could be repo 'd. Although you would have the standard 2 months notice to move out.

 

It could also be what you said. Personally I would take it as a sign to start looking tentatively for a new property.

 

 

[Peterbard]

Hi

Yes sadley the owne of the property is entitled to reclaim his property.

 

But he has to use the procedure mentioned.

 

https://england.shelter.org.uk/housing_advice/eviction/section_21_eviction/how_long_a_section_21_eviction_takes#:~:text=The full section 21 eviction process for a,when county court bailiffs come to evict you.

 

But dont worry just yet, Tennants like you are hard to find and landlords tend to explore other options before they liquidate a working tenancy, not withstanding the point made Lonon1 above of course.

 

[ashmk]

3 hours ago, wannagetadvice said:

I have no arrears, never have, always paid my rent but I'm just worried for my future here.

 

I was under the impression that I couldn't be evicted for no reason and that I was safe, so  that is why I'm frightened to sign the new contract.

 

Is it true that a landlord/agent cannot just evict to get another tenant to pay more rent?

 

I think what's important here, regardless to the LL's financial agreement with the mortgage company is signing that contract will make no real difference to your rental security, if anything it'll give you the edge to being more secure. Why would they go to those lengths if they were just going to evict you? And as for eviction there is a procedure to follow so if this did happen come back and the forum can advise. 

 

A LL can ultimately evict you for any reason weather they tell you that reason or not but there are rules and they have to be followed.

 

I think you'll be ok.  

[Peterbard]

Indeed, Although the agreement may effect your terms, could we se it?

[The Carpet Cleaners]

If you sign the new agreement, you will be safe from section 21 eviction for the duration of the agreement, if you don't, they can issue a section 21 at any time.

 

So in effect, signing will make you more secure for the next 6 months at least..

[Peterbard]

I am sorry, but without seeing the contract, and knowing what is on it or what effect it has, it is impossible to say. 

 

 

[London1971]

You will be subject to the same laws notice periods and protections as with any length of contract. 

 

From my own and other’s personal experience I would treat it as an amber warning light to start putting out feelers into what’s out there on the market
 

A 6 month contract is great for people who might be waiting for a new build , or having renovations done on their own property. For someone like yourself who wants security it might well be time for you to consider moving on.

[wannagetadvice]

Thank you everyone for your advice.  

 

I am going to ask the LL/agent to please give me a 12 month initial contract and that will make me feel safer.

 

I really don't want to move from here as very settled, no spring chicken and just got through cancer treatment and really worried about having to move out.  I've a lot of support here.

[wannagetadvice]

Hello everyone,

 

I've just had a telephone conversation with the LL/agent and they have surprised me by agreeing to let me have an initial 12 month contract.

 

Does that secure me for 12 months without being evicted, if that is the intention in the future.

[London1971]

Yup, it does.

[wannagetadvice]

4 hours ago, London1971 said:

Yup, it does.

What a relief to get your message, thank you all so much for your responses, so very much appreciated, thank you 

[45002]

2 hours ago, wannagetadvice said:

What a relief to get your message, thank you all so much for your responses, so very much appreciated, thank you 

 

Don't just sign or agree to anything.

 

You need to be careful and not sign anything until you fully read a new TA making sure they're not  a "break clause" in it.

 

"A break clause is a term in the tenancy agreement that gives the landlord and/or tenant the right to end a fixed term tenancy before the expiry of the fixed term period"

 

 

[Peterbard]

Absolutely, 45002. A  contract like that is not a lease, there is no statutory protection, no law to say what is included. You need to examine it carefully before you sign.

[wannagetadvice]

Oh dear, I really don't understand the legal part of things, I thought because I had lived here 11 years+ I was safe and would not be legal to just evict me if they just wanted to.

[wannagetadvice]

Could it be that if a landlord/agent wants you out, eventually they can. even if its because they raise the rent and I wouldn't be able to afford it?

[45002]

You need to be very carefully want you sign or agree to !

 

I'm afraid 11 years won't make any difference when it comes to AST https://tinyurl.com/yylxnpmc

 

Rent increase https://tinyurl.com/y3xhgtsb

 

If they want the property back using s21 notice read on https://tinyurl.com/ycmqz9ds

 

or s8 notice read on https://tinyurl.com/ydhejzrk

 

Links take you to shelter website assuming you live in E&W.

Edited October 1, 2020 by 45002