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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I am a tenant.Actually I was a tenant. I rented a flat as

Customer Question

I am a tenant.Actually I was a tenant.
I rented a flat as a joint tenant for 7 years.Never renewed the contract so it was a periodic tenancy,paying rent on the 20th every month cash in hand.

What happened was :We got a letter on the 18th of February that because of building works the tenancy is going to be ended and we have 1 month notice to vacate the property.
I have to mention here that the landlord lived in the same building but got very ill and the daughter took everything over.She is the owner of the house.So we dealt with her.

I checked my contract and it said we have the right for 2 months notice .So I sent a polite letter in which I explained 1 months is really a very short time and would love to stay 2 months.Landlady got really cross,texted me midnight and she came over the next day with her husband.
They said,when they told my flatmate we have to leave in a month time,flatmate said she wanted to leave anyway..so they claimed she handed in her notice and that's why the 2 months does not apply...as one tenant can end joint tenancy.
Even if there is a date for the end of the tenancy??
Anyway they were quite unpleasant making me feel really uncomfortable.So I had no choice but leave.(Still have no deposit back )

The big surprise happened when I was searching for studio flat online and I found my previous flat on it!It was available for rent ,of course for a much higher price!
I know this is their property and can do with it whatever they want..but is this legally correct?
I feel we were falsely evicted .They should have offered me if I want to stay for higher rent...or at least giving the 2 months
Landlady claims she is not able to transfer my deposit as it not going through...I told her to pop in to the bank and do it there..but she does not respond to my messages.

I don't want to have a bad relationship with them for future references but they do allow themself a bit too much

What are my rights if any in this situation?

Any advice would be much appreciated
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.

Alex Watts :

Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

Did you leave without a Court Order please?

JACUSTOMER-1snjgx84- : No
Alex Watts : When did you leave please?
JACUSTOMER-1snjgx84- : 20 feb2014
JACUSTOMER-1snjgx84- : Ps : I wrote everything in my first text so u should have all te information
Alex Watts :

Yes but I am still not clear if you just left or there was a Court order asking you to leave? Perhaps you can just clear that up then I should have all the information I need.

JACUSTOMER-1snjgx84- : Left already no court order
Alex Watts : If you have left then you have no rights.
Alex Watts : It may have been under false pretences but the fact you have a periodic tenancy means you are only entitled to 2 months notice anyway.
Alex Watts : If you refused to leave then you would only be evicted with a court ordt.
Alex Watts : order
Alex Watts : But based on the fact you left I am sorry to say there is no recourse in law.
Alex Watts : i am very sorry that this will not be the answer you want nor the one I want to give you, but I have a duty to be honest.
Alex Watts : Can I clarify anything for you about this today please?
JACUSTOMER-1snjgx84- : Yes, it was a waste of money! This is anything but not professional advice and Im not saying this because the "answer" is not in my favor.
JACUSTOMER-1snjgx84- : landlady is not replaying to messages about giving back my deposit but better I deal with this. U wont be able to help I guess
Alex Watts : The problem is you had a periodc tenancy and left of your own motion.
Alex Watts : If you had refused to leave or were still there you could take action.
Alex Watts : But by leaving your rights are far far less.
Alex Watts : You can't sue for breach of contract because the contract has not been breached and in any event has been ended.
Alex Watts : You can't sue for negligence.
Alex Watts : They may have given a false reason to leave but that in itself does not make it something you can sue for.
Alex Watts : I am very sorry as I know it is not the answer you want, but any Solicitor sadly will tell you the same.
Alex Watts : I understand you are upset but I have a duty to inform you truthfully.
Alex Watts :

I see you have rated BAD SERVICE. What else is it you would like to know?

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