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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70646
Experience:  Over 5 years in practice
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I have held an Assured Shorthold Tenancy, last signed 2011,

Customer Question

I have held an Assured Shorthold Tenancy, last signed 2011, since October 2010. The landlord has served Section 21 (4) a Notice to Vacate with no explanation. Recently the Gas Boiler broke and a GasSafe Registered engineer repaired and reported it required replacing as a matter of urgency. The landlord wants to use his "builder" to replace and I have been insisting on a GasSafe registered engineer. I must vacate on 30.4.13, the 60 days notice is because I have paid rent until that date. I am sure the landlord is removing me in order to be able to carry out the repair work to the Gas boiler illegally. What can I do? Is there anything I can do?
Submitted: 4 years ago.
Category: Law
Expert:  Jo C. replied 4 years ago.
Hasn't the AST ended anyway?

Customer: replied 4 years ago.

I am unable to find my latest documents but my understanding of these were they were annual and the anniversary date refers to first signed agreement - I was not requested to sign in October 2012

Expert:  Jo C. replied 4 years ago.


In that case, I am sorry but he is free to do this.

You are no longer on an AST I'm afraid. This has flipped over into a periodic agreement because the AST came to an end without renewal.

Under a periodic agreement the landlord can bring an end to the tenancy agreement at any time by serving a section 21 notice giving you no less than 2 months notice on or before the rent date.

Of course, if he is alleging rent arrears then he should be using a section 8 notice rather than a section 21 notice that the only effect of failing to use section 8 is that he cannot claim money compensation from you at the court that issues a possession order. He could still sue for any arrears at the Small Claims Court.

It might well be that he is evicting you to do this work but I'm afraid that is something he is perfectly free to do.

Sorry thats probably not the answer you wanted but it is the position that you have and I have a duty to give you truthful and accurate information even though its not what I want to say.

Hope this helps. Please rate my answer OK SERVICE or above and I can answer your related questions.
Customer: replied 4 years ago.

Thank You,


 


I anticipated that I didn't really have a leg to stand on. Guess I should of been more aware of the agreement I signed and insisted on a renewal in 2012.


 


Oh well - Guess I'm moving - Closer to the Grandkids which can only be a positive to a sudden change in my life.


 


I appreciate your help.

Expert:  Jo C. replied 4 years ago.
No problem.

All the best.