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Scared I could get evicted...

Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
Hi all

Just joined the site with a view to getting some advice on a private tenancy problem.

I have rented the flat i am in for the last 5-6 years and have more or less been the perfect tenant! Rent always paid on time & not caused landlord any grief.

The flat is above a shop. My current landlord is the guy who recently took ownership of the shop. Most other flats in the block have the land owner as they're landlord...via a different letting agent

At christmas the lease for the flat & the shop is to separate & be taken over by the landowner's letting agent. This means my current landlord needs to redecorate the whole flat......and some how I've managed to get roped into doing some of the work!

The new letting agent wants this done before my current landlord signs the leases over to him but says he can't put anything in writing to confirm I'll be offered a new lease. He says I just have to take his word for it!

Obviously I'd prefer something in writing but what can I do? Any advice or suggestions please?



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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    Yeah, I realise the decorating isn't down to me, I happened to comment to my original landlord, when I first moved in, that I may do some decorating & the current landlord mentioned it during a meeting with my future landlord! Don't worry, I'm not going to be forced into anything I don't want to do!

    I know the landlord has to ask 24hrs before to gain access to the flat, so I suppose I could control that by not agreeing to access unless I'm there.

    I have my original tenancy agreement + a blank copy of the new one but I'm more concerned about agreeing to having the decorating done & then not being offered a new contract.

    My current landlord served me with a section 21 order to vacate but then said not to worry as the new landlord will no doubt want me to take up a new agreement.....which he says he will. So, if they did change their mind, all they need to do is get an order from the court.

    The new letting agent say they can't issue me with a new contract or a written promise in case the situation changes!

    What I want to know is whether that's true & if there is anything else that can be done to guarantee me a new contract.
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    I had a look into this and what they're saying is true,

    When does your current tenancy end? Or is it just a rolling monthly contract?

    The new agents can't give a tenancy yet as they don't own the property yet. Unfortunately you'll need to wait but they'll probably offer it to you, just be prepared for a rent hike
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    Hi there and thanks for posting on the site.

    This sounds like a tricky situation and I can understand why you're concerned, especially after having lived there for 5-6 years!

    It seems like you know what to do in terms of agreeing to do any works and the landlord accessing the flat for viewings etc. Keep in mind though that if you want a reference from your landlord in the future or if you want the new landlord to keep you on then you might want to keep them on board and keep on their good side.

    Your landlord may want to end your tenancy first before they sell but they will still need to do this lawfully. I assume you have an assured shorthold tenancy so you might find this page on the Shelter website useful - http://england.shelter.org.uk/get_advice/eviction/eviction_of_private_tenants/eviction_of_assured_shorthold_tenants

    If your current landlord does not evict you lawfully then the new landlord/owner will have to honour the terms of your current tenancy. It?s important to know what the terms of your current tenancy are as Hellfire as asked; e.g. when the fixed is term going to end or if it?s a periodic tenancy. This determines your bargaining power with the new landlord/owner.

    The important point is that you do not have to sign a new tenancy agreement with the new landlord/owner. They will have to honour your current tenancy agreement; e.g. with the current rent.

    It can be a good idea to sign a new tenancy agreement to reflect the new landlord/owner etc but not if it's going to have negative consequences for you e.g. increase in rent. Of course if you do not agree to sign the new tenancy agreement/agree to higher rent, then the new owner may just serve you with a Section 21 notice and seek to evict you, although they still have to do this lawfully! - see link above.

    Do let us know if there are any further developments.

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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    Yeah just read you got a section 21. Chances are you're getting evicted tbh. They wouldn't so this if they weren't ending the tenancy
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    Im living with my parents and they are evicting me by 20/04/2016 due to overcrowding. Council wont help me. What can i do?xx
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    You'll be better off starting your own thread. You need to start looking at private rent, if you haven't done so. Unless you have a child or are disabled, then the council don't have to help you.
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    JustVJustV Community Manager Posts: 5,336 Part of The Furniture
    Hey Davina,

    Melian is right, we would recommend starting your own thread about this and you're very welcome to do so. We don't tend to bring old threads back to life for a few reasons which you can read more about in our Good Manners Guide. :) I'm going to close this thread now.
    The truth resists simplicity.
This discussion has been closed.