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joa

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Hi All, I am new to this site and not even sure if this is the right forum but I could do with some help and advice if anyone wouldn't mind?

My Mum was given notice on her flat back in October and her tenancy is due to end at the end of this week (28th November). The landlord is selling. However the new buyers of the flat would like my Mum to stay on as a tenant.

Of course my Mum would like to stay in the property as she has been there for years but the sale of the flat has not gone through yet and the letting agent have not put anything in writing about her staying in the flat and she hasn't had a new tenancy. She has spoken to the letting agents on several occasions who have said everything is still progressing and even if the sale fell through the landlord has said he wouldn't chuck her out. My worry is that as of this weekend she has no legal tenancy so I am assuming her insurance is invalid as well?

She has emailed the letting agency today and asked them to put something in writing to her but they keep phoning her telling her it;'s going to be ok? My mum is 65 and doesn't need this stress and is looking to me for advice. I have searched the web but can't seem to get to the right place for info. 

Any advice on what she could do or where I can go to for advice would be great!

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I am not a lawyer but I believe the following:

At present S21 notice is 6 months so I would suggest the notice given in Oct is not legal. If your Mum doesn't leave the property the current LL would have to take steps to evict her and at present this is pretty much impossible.

If she remains in the flat and the old LL continues to accept her rent she has a deemed AST even if she has nothing signed and so would still need 6 months notice.

If she wants to stay I would suggest she does just that - and perhaps puts in writing to the agent that the notice she received in October was not legal and therefore she is not leaving. 

If she wants further advice she should speak to Citizens Advice or Shelter but I believe she has no reason to be worried at the moment, she should stay and keep paying her rent as normal.

Good luck :)

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