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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3655
Experience:  Solicitors 2 years plus PQE
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My new wife owns property but one was let to a friend of her

Resolved Question:

My new wife owns property but one was let to a friend of her daughters at a low rent 3 years ago with no deposit and no Tenancy Agreement. Essentially a verbal contract of offer, consideration and acceptance. The Tenant has since married her in live in partner at the time and they have agreed to a first rent rise ( to reflect an annual increase of 3x2.7%) but refuse to sign a new formal Tenancy Agreement to similarly reflect the change in rent, and hence the change in terms of the original (verbal) Agreement. Also to put matters on a more legal footing. The rent is still below the average asking price for such a property in the area. Is there a process to make them sign or what, if any, options are there if they continue to refuse? Can they be served a Section 21 Notice
Submitted: 3 years ago.
Category: Law
Expert:  Alex J. replied 3 years ago.
Hi,

Thank you for your question and welcome.

My name is XXXXX XXXXX I will assist you.

How often do they pay the rent is it monthly or weekly?

Do they have a deposit with your wife?

Kind regards

AJ
Customer: replied 3 years ago.

No deposit as in original question


Monthly rent

Customer: replied 3 years ago.

No deposit


 


Rent paid monthly

Expert:  Alex J. replied 3 years ago.
Hi,

Thank you.

My apologies.

Unfortunately you cannot force someone to sign a contract. The fact that there is no deposit makes things slightly easier because if the deposit had been taken and un bonded for example this could have caused your wife some problems.

If the rent is paid monthly this means it is a periodic tenancy and therefore the notice for a periodic tenancy is one month in line with the rent periods. Therefore you can serve notice on the tenants under S.21.

On the basis that you cannot force them to sign a new contract all you can do at this stage is say sign a contract or we will serve notice.

When the verbal offer was made was it intended that this tenancy last for one year?

I look forward to hearing from you.

Kind regards

AJ
Customer: replied 3 years ago.

IIt was indeterminate as the tenant and partner ultimately wanted to move into a "Council" house and have allegedly turned down a number of offers to date in the interim. They would like a letter of eviction to take to the LA to gain said Council house.In the first place however it was to allow them to move from a terraced house with no parking in a lesser area to a semi with garage and garden in a well serviced a popoular residential area at the same rent. My ife was content to leave them alone and use her house as their home until such time as they wanted to leave.

Expert:  Alex J. replied 3 years ago.
Hi,

Thank you.

Based on the facts I can see no reason why they cannot be served with one months notice to leave.

That said I am not sure this would be classed as an Assured Shorthold Tenancy as it was not for less than 2 years. A s.21 notice has no specific form anyway, so be safe I would give them a S.21 notice however the notice period cannot be any less than 1 month.

Can I assist any further?

Kind regards

AJ
Customer: replied 3 years ago.

I thought an AST was 6 months and could roll on and on without recourses to a new agreement with agreement between parties(even for years) so does this not qualify. Still if you consider a one month notice would satisfy our legal obligations that is the position I would be very happy with. T

Expert:  Alex J. replied 3 years ago.
Hi,

Thank you.

The minimum length an AST can be is 6 months and the maximum is 2 years. Normally an AST will last for 6-12 months.

What you have described to me does not sound like an AST as there is nothing in writing. However to qualify my advice slightly, the minimum notice period for an AST even if the contractual term has expired is 2 months. Just in case the tenants argued that this was in fact an AST and not a straight periodic tenancy I would consider giving them the full two months notice, if you cannot agree to make them go amicably.

Kind regards

AJ
Customer: replied 3 years ago.

Very Good


 


Ta


 


T

Expert:  Alex J. replied 3 years ago.
No problem.

I wish you the best of luck.

Kind regards

AJ
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