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Ask Stuart J Your Own Question

Stuart J
Stuart J, Solicitor
Category: Law
Satisfied Customers: 22386
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street Practice
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The property

Customer Question

The property I rent with my wife an 23 month old daughter is being repossessed at what point does the tenancy contract become void so that I may have my deposit returned to secure new accommodation I have confirmed the it is not binding on the lender and they do not want any rent.

Kind regards

Submitted: 3 years ago.
Category: Law
Expert:  Stuart J replied 3 years ago.
Thank you for your question here on Just answer. It is my pleasure to try and assist you with this today. Please bear with me if I need to ask for any further information from you in order for me to be able to advise you fully. My name isXXXXX and I am a practising solicitor. I have been an expert on this website in UK law since 2008. During that time, as you appreciate, I have answered thousands of questions from satisfied users on a variety of subjects.
Because we are all in practice with clients and court and other users, I might not always respond in minutes, particularly evenings and weekends. Please bear with me in that case. I will be online and off-line all day most weekdays and weekends.

Have you agreed a date for you to move out of the property?
Customer: replied 3 years ago.

Not yet as we are classed as illegal tenants by the lender they will not communicate with us.

Expert:  Stuart J replied 3 years ago.

What kind of tenancy did the landlord give you (and assured short hold tenancy?) Although I accept that it may not be valid.

When was the property repossessed?

When did you take the tenancy agreement out?

on what basis are they saying it is illegal?

I need the full background detail please as to how you got into the tenancy and what has happened since. Thank you

Customer: replied 3 years ago.

Hi Law,


It is a short hold tenancy taken out on 11/2/11


The hearing was last Tuesday


They are saying that the landlord did not have permission to rent the property under the terms of the mortgage and it is not binding on them as it was taken out before we moved in.


We took the tenancy through an agent and have been paying the rent to them.



Expert:  Stuart J replied 3 years ago.

If it is an assured short hold tenancy which has been running for
so long, it has now become a periodic tenancy and even if it was an illegal
tenancy, you can be given two months notice to quit.

I am of the opinion that you are bona fide tenant and you are
entitled to rely on the tenancy agreement that you were given.

Notwithstanding, the lender will say what they are saying because
they are not going to say "oh yes that's fine, stay there" when they want you

They can however give you notice to quit and you leave within two
months in exactly the same way as the landlord would.

If you don't move out when you have being given the relevant
notice, there will end up with a series of court hearings and you will be out
eventually but you will have a load of legal costs to pay meanwhile.

It is inevitable that you will be served notice and from then the
maximum you can hope for is two months so you might want to start making
arrangements sooner rather than later.

I am assuming that the tenancy you took out in 2011 has never been

I am sorry, I appreciate that this is not the answer you wanted
but there is no point in me misleading you. I have a duty to advise you
truthfully and honestly, even if the answer is unfavourable.

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PS Experts on here are online and off-line all day each day and
weekends so please bear with me if I do not get back to you immediately.

PS. I use voice type, voice recognition typing because I only
type with two fingers and it would take me ages. Sometimes, a computer does not
hear me correctly and you will get an incoherent word. I do try to but
sometimes they slip through. I apologise therefore if anything doesn't make
sense. It is me losing it, not you. Just ask if anything is not clear please.

Customer: replied 3 years ago.

Doesn't really answer my question what I asked waswhen does the tenancy become void So that I may get our deposit back to secure new accommodation. I got all that other information for free from shelter

Expert:  Stuart J replied 3 years ago.

Because you don't tell me what you have been told by any other
organisation, I don't know what you know and it would be remiss of me to give
you a one line answer.

Therefore I have given you all the background.

To answer your specific question

The tenancy is not void but it is voidable from outset, however
you are entitled in my opinion to rely on it as though it was not void and that
means that you have two months notice. I am not certain what you are trying to
achieve because you will not achieve longer than that whether the tenancy is
void, voidable, illegal or valid.

Expert:  Stuart J replied 3 years ago.

PS you did also make the comment that you would already tried "Contacting CAB no answer to calls Local council unable to advise me unclear on this situation"

so I can only assume that you had no information at all wearers now you tell me that you got the information for free from an organisation who were (on your own admission )unclear

that would not fill me with confidence.

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