AST- has L renewed it, or can he evict me?

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    #16
    She wants us out of her property, she is the one who changed her mind AFTER we signed the contract.

    We haven't done anything wrong.

    She already arranged for an agency to come around and take photos (this morning). So the property is officially on the market. She hasn't served me a notice yet because she doesn't want to loose out on any rent and she doesn't want the property empty and on sale.

    I need to know what my rights are because I want to find an alternative acco and give her notice. I cannot just wait for her to sell the property and give me notice, and then hope and rush to find an acco (with an infant) it doesn't work like that. I need to know where I am and what I'm doing in the next 2 months, I can't just wait in the limbo. This is just not fair.

    I wasn't talking about the whole legal profession, I'm talking about this specific solicitor. So you think her behaviour is professional? oh well. To each his own.

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      #17
      Originally posted by parajba View Post
      She hasn't served me a notice yet because she doesn't want to loose out on any rent and she doesn't want the property empty and on sale.

      I need to know what my rights are because I want to find an alternative acco and give her notice. This is just not fair.
      It all turns on whether you are in a new 6-month AST or not.

      Posters have been patiently explaining to you what your rights are, based on the information you have supplied.

      If you don't like this view of your rights, you are free to consult whoever else you like.

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        #18
        Originally posted by Sad S View Post
        It all turns on whether you are in a new 6-month AST or not.

        Posters have been patiently explaining to you what your rights are, based on the information you have supplied.

        If you don't like this view of your rights, you are free to consult whoever else you like.
        Oh...sorry if I came across the wrong way, didn't mean to. I'm more than grateful to Westminster and the other posters for the useful tips. I think I'm just very stresses...

        Yesterday we had a chat with the LL and she confirmed she put the flat on sale, today we have the first viewing.

        While chatting to the LL she confirmed we are on a rolling contract now (she also emailed this to my wife, she also state that if the Agents does not refund us the £85 we paid for the renewal of the tenancy, then she will, this happened yesterday). The LL was adamant that we both have 2 months notice, I said 'I was under the impression that with a rolling contract we have 1 month and you have 2 months etc'. I asked her to explain why she things we have 2 months but she didn't give me any clear answer.

        I checked the previous AST and there's no reference to the notice period should we enter a rolling contract at the end of initial the 12-month AST.

        Regarding the notice, given that I paid the rent every 8th of the month, how does it work if I want to give notice? Worst case scenario I can drive up to her home with a witness and deliver the notice personally? Or I can probably just use Special delivery (signed for)...but how about if she is not at home?

        The 7th is Tuesday, if I want to move out asap I need to give her notice by the end of the 7th...How do TT/LL usually give notice?

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          #19
          Just a quick update...

          Yesterday the LL called us to discuss the notice period, she said it was 2 months again, we said it was 1 month for the T and 2 months for the LL, we asked her to provide an explanation as to why she thinks it's 2 months.

          Today she called back and confirmed it's 1 month. Today we also gave her notice (special delivery next day), meaning in 1 month we are out. Luckily we found another accommodation.

          Thanks everybody and in particular Westminster for your help and your patience, you have been very useful and saved me 1 month of rent.

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