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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10176
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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Hello,my partner and me live in a new built that is about

Customer Question

Attachment: 2013-03-11_172708_tenancy_agmt_community_trust.pdf

Attachment: 2013-03-11_172732_rent_increase_community_trust.pdf

Attachment: 2013-03-11_172600_tenancy_agmt_ludlow.pdf

Hello, my partner and me live in a new built that is about to be sold. we moved in April 2011. Funnily enough they made us sign two contracts back then. One came via the letting agent (Ludlow Thompson) which is a "assured shorthold tenancy agreement" over two years. Ludlow signed on behalf of the Community Trust (owner per definition in this contract). We then had to sign another "assured shorthold tenancy agreement" with the Community Trust directly for a period of 6 months. this had never been replaced by new wording and as from my understanding rolled into a periodic tenancy after the 6 months as the Community Trust gave their consent by accepting our rental payments ever since. Now per law the landlord has to give 2 months notice on such a periodic tenancy agreement. Is this correct? My main question is if the landlord has to give us notice and how long is the notice period. The 2 year assuered shorthold ends 22 April 2013. Will this be our moving out date? We have not received anything in writing from our landlord so far in respect of us moving out. We received a letter last week indicating that the Community Trust is increasing our rental payment from April 2013 onwards. We do not know how to react and what to expect. We are scared they can evict us mid April without giving us any notice but tell us that we signed the 2 year agreement. Also it looks like the Community Trust and Site-Sale (which is the legal owner we think after chatting to the site sale manager who is organising the sale of the flat) are not really talking to each other and no one really has a clue. The 2 year assured shorthold does not say anything about notice at the end of the two year period. It just says that both parties have to give notice of 2 months if they want to terminate earlier than 2 years. Which contract applies for us? I really hope you can help us on this one. Thanks Sabine

Submitted: 3 years ago.
Category: Law
Expert:  Aston Lawyer replied 3 years ago.

Hi Sabine,

Thanks for your enquiry.

I have studied both Agreements, and note that the rent on the 6month agreement states £240 pcm, whereas the other one says £1,040.00 pcm.

I'm not sure how much rent you are actually paying (the second page to the letter you have received concerning the rent increase is not included as an attachment).

Could you therefore please confirm how much the rent is?

Thanks

AL

Customer: replied 3 years ago.


Hello,


 


sure, we have been paying 240 pw which makes 1040 pm since we moved in 2 years ago. I must have forgotten to scan in the attachment of the rental increase but as far as I remember the rent increases by app. 10 or 11%


 


Many thanks


Sabine

Expert:  Aston Lawyer replied 3 years ago.

Hi Sabine,

Thanks for your reply, and apologies for the delay in replying.

As the 2 year Tenancy was signed by you and the Landlord, and rent has been paid in accordance with this Agreeement, then this is the binding Tenancy that exists at present.

You are correct that the Landlord does have to give you Notice (2months) to end the Tenancy. Some Landlords are clever in that this Notice is served on you at the beginning of the Tenancy, and this is what your Landlord has done (it is the Section 21 Notice which is on your attachments).

Therefore, legally, your Landlord can ask for the keys back on 22nd April when the Tenancy ends. If they are selling, it may well be that the new owner would prefer you to stay on as Tenant, but you do really need to speak to the Landlord and find out what their intentions are.

I hope this clears up the legal position.

If I have answered your question, I would be grateful if you could leave psitive feedback.

Kind Regards

AL

Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10176
Experience: Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
Aston Lawyer and other Law Specialists are ready to help you
Customer: replied 3 years ago.


Thanks a lot! So that means that the agreement over 6 months we signed with the Community Trust directly is completely obsolete and does not apply to our tenancy anymore?


 


Thanks


Sabine

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