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Whats My Position

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genie123 | 10:19 Tue 25th May 2021 | Law
9 Answers
I live in rented accommodaion with a yearly lease renewable 1st April. I was approached and asked if I wanted to renew for this year, and agreed. Eventually a tenancy agreement was sent on line for signature. Firstly it wasn't sent until 11th May and was back dated to last day of March. Secondly it was only for six months. On quering this I was told it was an error and should have been for a year. So far at time of writing I have not received an amended agreement so have signed nothing for the current year. This is handled by an estate agent.
What is my position. I feel like I'm squatting but still paying rent. Thanks.
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genie if you have previously had a Tenancy Agreement, once that agreement comes to an end, and you have not had an eviction notice, your Tenancy rolls over onto a monthy lease until your landlord offers you a new Lease. Therefore if you are still paying rent you are legally allowed to live in your home. The Estate Agent was wrong to backdate a Tenancy Agreement....
12:03 Tue 25th May 2021
I would have printed off the agreement, altered & initialled the date, signed it & sent it back with a note saying you had corrected it from 6 months to 12.
if you are paying rent you are not a squatter. What do you want the outcome to be?
Question Author
Hi bednobs I just want a current uptodate agreement for the right term.
genie if you have previously had a Tenancy Agreement, once that agreement comes to an end, and you have not had an eviction notice, your Tenancy rolls over onto a monthy lease until your landlord offers you a new Lease. Therefore if you are still paying rent you are legally allowed to live in your home.

The Estate Agent was wrong to backdate a Tenancy Agreement. Contact the Agent directly, explain you have yet to sign the Agreement as it had discrepencies, and ask for a new copy to be sent. Follow this up with a letter sent recorded post.

It make take a few weeks to sort out, but as long as you continue to pay your rent, you are 100% legally living in your home and your rights under the Shorthold Tenancy Laws are unaffected.
Question Author
Thank you Aunt Poly feel a bit better now.
your tenancy is 'rolled over' from the last agreement. the length is not 6 mo or 12 mo BUT the rentalperiod - if it is quarterly rent then it is rolled over for a quarter

Yours I think is monthly

If you are worried about the landlords agent pulling fast ones then you should be recording a lot of this in writing - such as their agreement to continue.

They can only boot you out with a court order no matter what

the law is very clear on this
Question Author
Thank you Peter Pedant.
Some good info here.
https://england.shelter.org.uk/housing_advice/private_renting/options_when_your_fixed_term_tenancy_ends

I am in the same situation since December. it is not much different. Note that the landlords have to give 4 months notice to evict as of 1 June 2021
if you are paying
it is very unlikely the landlord will evict

renewed lease at a whacko rent is nmore of a dangeer
and for that you have to - - - wait and see

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