Signing new AST whilst in notice from old Landlord

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  • #16
    Thanks for the replies, we are already in a statutory periodic tenancy (sorry if I missed that out), we have been since the 6 month fixed term ended at the end of Janurary.

    So even after the notice has ended (it expires on the 29th June) then this doesn't end the tenancy we have with the LA the only way that's possible is to enforce a possession order? However if we sign a new agreement today or when the notice expires or after that it doesn't really matter as the new AST will supercede the contract we have with the LA?

    Also in terms of getting the deposit back then from the LA (its in a deposit protection scheme) how will that work if the LA is going to be awkward about it and argue that the tenancy hasn't ended etc?

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    • #17
      Originally posted by Zaylril View Post
      Thanks for the replies, we are already in a statutory periodic tenancy (sorry if I missed that out), we have been since the 6 month fixed term ended at the end of Janurary.

      So even after the notice has ended (it expires on the 29th June) then this doesn't end the tenancy we have with the LA
      No. A s.21 notice isn't a notice to quit. It does not end the tenancy nor oblige you to vacate. It just entitles the LL to apply for a possession order. The identity of the LL is a variable, however, and only your legal LL can apply for possession.

      ...the only way that's possible is to enforce a possession order?
      Yes. As I said, "The only way the LL can end the tenancy is by obtaining/enforcing a possession order".

      However if we sign a new agreement today or when the notice expires or after that it doesn't really matter as the new AST will supercede the contract we have with the LA?
      It depends on who the legal LL is. If the agent is still your legal LL, (i.e. if his tenancy contract with the owner is still in place), then the owner isn't in a position to grant you a new tenancy. If the tenancy contract between agent and owner has expired, then the owner is your LL and he can grant you a new tenancy, and that will replace any other tenancy currently in place.

      Also in terms of getting the deposit back then from the LA (its in a deposit protection scheme) how will that work if the LA is going to be awkward about it and argue that the tenancy hasn't ended etc?
      Kind of hard to say when we don't know whether the tenancy between you and the original LL has ended or not. The deposit in respect of a tenancy in place when there's a change of LL is a matter between new and old LL - they ought to sort it out between them and transfer it from old to new. Ultimately, the new LL would be liable for returning the deposit to you (and possibly the old LL, too).

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      • #18
        Two related threads merged.
        I also post as Mars_Mug when not moderating

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        • #19
          Hey Westminster,

          Thanks for the clarification. The new LL gave our current LL (the LA) 2 months notice on the 30th March according to their contract with the previous LL in the event of a sale of the property. Therefore the contract between the new LL and LA ends on the 30th May.

          He has asked us to start paying him rent from this date (30th May) - even though he has given us a new contract for a 12 month AST which starts on the 30th June which is a day after the notice from the LA expires. I'm guessing he's just trying to do the right thing by the LA even if they aren't being very cooperative about the whole thing. The new LL said they would also do an inventory of the flat on the 30th June.

          In terms of the deposit I'm guessing that when we sign the new contract then the deposit should be transferred from old to new as the tenancy between us and the old LL (the LA) has expired (as you stated in your previous post) because we would of signed a new AST with the new LL as the contract between the new LL and the LA will of expired on the 30th May?

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          • #20
            Just a quick update on this thread until it's resolved incase anyone might be interested in a similar case in the future - although I can't see that happening

            Spoke to a solicitor and Shelter and a few others, and they agree (as stated on this thread) that once the Letting Agents contract has ended the current AST I have simply transfers to the new owner of the property. The Letting Agent seemed to have an agreement with the original administrators, which allowed them to manage the lease for the old landlord and allowed them to sub-let each apartment. The letting agent was given 2 months notice for this contract by the Old Landlord on the day of the sale, giving them 2 months before their contract expires. It also stated that they would allow the Letting Agent 2 working days to serve the notice on the sub-letting tenants, so payments to them would cease after 3rd June (30th March served to them 2 months is 30th May + 2 working days).

            Of course the letting Agent are having non of it saying we should continue paying them after the 3rd June and that we have signed a contract with them that can only be ended via court eviction or the tenants surrendering the property, but I would like to see them go to court and be seen as the Legal Landlord when they don't have a contract in place to lease the property!

            So from the 4th June I am going to pay the New Landlord (as requested and seems by far the most obvious choice) and have signed a new AST with the landlord to start on the 30th June (the day after the original notice ends)

            I will give a further update if anything interesting happens.

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