Can our landlord advertise the property if we haven’t said we are leaving? | The Tenants' Voice
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Can our landlord advertise the property if we haven't said we are leaving?

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324 views 3 replies latest reply: 07 September 2017
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Tenant

Hi, 

My boyfriend and I are renting a flat and our contract runs out in just over 6 weeks. Our landlord has been pressuring us for the last 2 weeks to sign a new tenancy agreement and has said if we don’t let him know by today then he will start re-advertising the property. We have a fixed term contract with no notice period written in (although I believe even if is, it’s not 100% legal). I feel he is being quite pushy and aggressive. 

Our problem is we are planning on moving to a new city and I am waiting to hear back on a job offer which is why we don’t know whether we are going to stay or leave yet. I will hear back within the next week which would in any case give him a month’s notice (despite us legally not having to) which I think is fair and polite.

Can he legally start advertising if we haven’t said we want to leave? And what would be the case if say someone signed a contract for the flat tomorrow? Would we have to move out even if we decided we want to stay? Do we not have any rights as current tenants?

Thank you in advance 🙂

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Tenant

Hello, 

The landlord probably CAN advertise the property, but to move somebody in, they first need to get you out. 

So, the tenancy agreement has no notice period. It’s okay, because it doesn’t need to have one. The law has established minimum notice periods for landlords (2 months) and for tenants (1 month) and the tenancy agreement cannot expedite a notice faster than the minimum. 

What this means is that in order to make you leave (after the fixed term has expired) the landlord must serve you a section 21 notice, giving you two months to move on your own. 

When those two months expire, the landlord may begin an eviction procedure which takes a few more months on average, sometimes a lot more. 

Before the landlord has given you an eviction notice, you may consider yourself as NOT BEING EVICTED. As a tenant you have ALL your rights, even while being evicted, until the bailiffs come and physically expel you from the property, which can happen only after the court has granted a possession order. 

So, to summarise, the landlord pretty much can’t do anything to move you out, unless they complete the procedure above which takes up to 6 months in it’s entirety. 

You can also exercise your rights to privacy and deny access for almost any purpose.

Here are some reading materials:

http://www.thetenantsvoice.co.uk/advice_from_us/section-21-notice-to-quit/

http://www.thetenantsvoice.co.uk/advice_from_us/landlord-access/

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Tenant

To add  a few things: 

The above scenario is really the most extreme imaginable. There probably isn’t a need for such drastic measures to be taken and peaceful negotiations will likely produce best results.

However, if your landlord is pressuring you into signing renewal agreement or forcing you to leave, you want to be aware of your rights. The most important thing to do is to keep paying rent accurately and in full, otherwise, you’re helping your landlord get rid of you, by providing them a ground to hasten your eviction if it comes to that.

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Other

Why can the landlord not just let it roll over.  If you give a months notice that is ample time to re let a property.  As for rights of access the landlord does have right to access if notice of 24 hours is given.  If the tenant has told him that they intend to leave he can advertise it and as a courtesy the tenants should allow prospective tenants to view the property which I call tenant landlord compromise.  At the end of the day an empty property is a costing money so if everyone plays fair with each other then compromises can be reached and keeps the relationship good.

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