AST - What are my rights?

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    AST - What are my rights?

    Hi All,

    This is my first post and i've tried to find something similar to my problem but can't. I am just wondering if anyone could help.

    The situation is:

    I am in a 6-month AST which ends on 27th April. I have just given 2 months notice to the landlord as he requested and he has now pointed out that my AST has the following clause in it:

    7) This Agreement can be terminated after six months from the granting of this tenancy by either party giving two months notice in writing, to be sent by email and by post.

    I want to leave the property and have many things at my own cost to improve it since I have been there, but now i'm worried as he says I am liable for the rent until June 27th 2010.

    Please can anyone help????

    #2
    To leave at fixed-term expiry, you as T do not need to give any Notice to L (even if the AST says that you do!)
    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
    4. *- Contact info: click on my name (blue-highlight link).

    Comment


      #3
      Thanks for your prompt reply Jeffrey

      Would this stand up in court?

      Thanks

      Comment


        #4
        Originally posted by Zabl99 View Post
        Thanks for your prompt reply Jeffrey. Would this stand up in court?
        I have no way to tell in advance, but the Court is assumed to know L&T law!
        JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
        1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
        2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
        3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
        4. *- Contact info: click on my name (blue-highlight link).

        Comment


          #5
          Given Jeffreys answer then it might be worth popping down in writing that you have sought legal advice and have been advised blah blah and would he please get confirmation from his advisor about it ?

          If he knows you are looking into it then it should prompt him to double check and realise that he has made a mistake ( if he didn't already know it wasn't right!!)

          Comment


            #6
            Thanks for your replys. I am feeling much better about the whole situation now

            I'm not sure how much he knows about the Law but I will definately point out that I have been more than curteous in giving 2 months notice even though technically I don't have to give any.

            Comment


              #7
              Originally posted by Zabl99 View Post

              I'm not sure how much he knows about the Law .
              Very little, by the sound of it. He must give two months' notice to you -not the other way round.
              'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

              Comment


                #8
                Originally posted by Zabl99 View Post
                "This Agreement can be terminated after six months from the granting of this tenancy by either party giving two months notice in writing, to be sent by email and by post".
                The point is that this clause is nonsense. It explicitly does not apply at the end of the six months (only thereafter, if at all).
                JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                4. *- Contact info: click on my name (blue-highlight link).

                Comment


                  #9
                  Lastest update from my landlord - any extra advice for me folks?

                  "I acknowledge receipt of your email of 3rd March informing us that you have now taken legal advice on this matter. Please request your solicitors to write to us in particular concerning the Assured Shorthold Tenancy agreement signed on 29th September 2009, wherein it is clearly stated under paragraph 7 - “This Agreement can be terminated after six months from the granting of this tenancy by either party giving two months notice in writing, to be sent by email and by post.”

                  We hold you responsible together with any housemates who are vacating the property to be responsible for all rents up to 27th June.

                  Kindly ask your solicitors to contact us by email without delay."

                  I am now unsure of what my next move should be - any help would be much appreciated.

                  Thanks

                  Comment


                    #10
                    But you are leaving at 6 months when AST ends not after and have given more than relevant notice .... sounds like LL's advisors ( if any ) are fudging /ill advised and you couldn't be held account in a court should he try

                    *****confirmation??******

                    Keep thing from now on offical ( ie recorded) but accurate and also try not be OTT on legal language ( not suggesting you were in first place) but just firmly assert your rights and there should be no leg to stand on for LL. Keep copies of everything. Record every thing you send

                    Is deposit secured????

                    Comment


                      #11
                      PS put your point in proper writing (ie letter not email )was something I was told - worked for me

                      Comment


                        #12
                        Thank you for your advice Karen.

                        We are leaving when the AST ends but he is refusing to accept this. Deposit is not secured and we know that we are likely to lose it now. I am willing to accept this and walk away at the end of AST but the LL seems to think that because he inserted that clause himself that it is legal and binding.

                        I like your advise about putting things in writing - I will do that immediantly and send recorded delivery today.

                        Comment


                          #13
                          Provided you leave the property in same state as took it less wear and tear you will be able to seek the return of your deposit in the small claims court.

                          Take as much photgraphic evidence as possible when you leave. The small claims court is a simple procedure does not require a solictor and does not cost much to apply for.

                          There are a lot of threads on this board about the 3x penalty for not protecting the deposit, other will advise you on chances of success if you were to apply for it.

                          Comment


                            #14
                            I think your landlord is trying it on try your local citizens advice they will put your mind at rest.

                            Comment


                              #15
                              Originally posted by Zabl99 View Post
                              Lastest update from my landlord - any extra advice for me folks?

                              "I acknowledge receipt of your email of 3rd March informing us that you have now taken legal advice on this matter. Please request your solicitors to write to us in particular concerning the Assured Shorthold Tenancy agreement signed on 29th September 2009, wherein it is clearly stated under paragraph 7 - “This Agreement can be terminated after six months from the granting of this tenancy by either party giving two months notice in writing, to be sent by email and by post.”

                              We hold you responsible together with any housemates who are vacating the property to be responsible for all rents up to 27th June.

                              Kindly ask your solicitors to contact us by email without delay."

                              I am now unsure of what my next move should be - any help would be much appreciated.

                              Thanks
                              What does the contract say about its start and end dates?
                              'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

                              Comment

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