How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Jo C. Your Own Question

Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69269
Experience:  Over 5 years in practice
Type Your Law Question Here...
Jo C. is online now

My wife and I have an Assured Shorthold Tenancy on a retirement

Customer Question

My wife and I have an Assured Shorthold Tenancy on a retirement flat which ends December 2015. The Bank has foreclosed on the loan to the developer/landlord and the block of flats is in the hands of a receiver. Our questions are:
1) Is the tenancy secure till the end of the agreement?
2) Can the receiver or in due course the new owner vary the agreement, in particular the written clause in the tenancy agreement permitting our cat?
3) What rights of access do the receiver, bank, potential buyers, etc have to our flat? This is particularly important because of the cat and also my wife is severely disabled, visually impaired and bedridden.
4) We will need to find alternative accommodation. What notice do we have to give? The original landlord said it was 2 months on our side but this is not in writing. (AST is fixed term of 60 months from December 2010). Are we correct that the receiver cannot release us from the agreement?

Before replying, I would be most grateful if you could send me details of your Fees.

Many thanks,
Yours faithfully,
Dr John W Frank [email protected]
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.

On your specific points.

1 They can apply for possession but you can rely on the AST to remain. If your rent is up to date and you are not the cause of the difficulties of the landlord the Court would allow it. You can probably negotiate with the lender to pay your rent directly them anyway.

2 No. If you have an AST allowing a cat then it cannot be varied.

3 The same as the landlord really if they gain possession. 'Reasonable access'. That can be for a variety of reasons but unless there is actually an immediate safety issue you should get 48 hours notice by some received means. Lenders don't generally come round and inspect houses anyway.

4 The receiver cannot himself release you from the agreement but if they take possession of the house then the game changes. If the AST allows you to give two months notice then you can exercise that. Most ASTs do not allow two months notice at any time. There is case law that suggests that two months notice is an unfair term because no landlord or a letting agent will hold a property for two months and so this would lead a tenant to have to pay rent on two premises. Courts will generally accept one months' notice from a tenant. However, it would be safer to comply with the agreement.

Hope this helps. Please rate my answer OK SERVICE or above and I can answer your related questions.
Jo C., Barrister
Category: Law
Satisfied Customers: 69269
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you
Customer: replied 3 years ago.


Thank you very much for your excellent and prompt reply. We are passing details of this service to other family members.


Dr John W Frank

Expert:  Jo C. replied 3 years ago.
No problem!

If you want me you can always entitle it 'For Jomo1972'.

What Customers are Saying:

  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther

Meet The Experts:

  • Jo C.

    Jo C.


    Satisfied Customers:

    Over 5 years in practice
< Last | Next >
  • Jo C.'s Avatar

    Jo C.


    Satisfied Customers:

    Over 5 years in practice
  • Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • Buachaill's Avatar



    Satisfied Customers:

    Barrister 17 years experience
  • Max Lowry's Avatar

    Max Lowry


    Satisfied Customers:

    LLB, 10 years post qualification experience
  • UK_Lawyer's Avatar



    Satisfied Customers:

    I am a qualified solicitor and an expert in UK law.
  • Kasare's Avatar



    Satisfied Customers:

    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • Joshua's Avatar



    Satisfied Customers:

    LL.B (Hons), Higher Prof. Dip. Law & Practice