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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10585
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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Hi ***** last year I took out my first rental property

Resolved Question:

Hi ***** last year I took out my first rental property at the age of 59 as it suited me while I looked for something more permanent . I paid upfront to secure it as it suited my situation and ideal fot my requirements , the 6 months went by and I loved the flat so it was a nice surprise when the landlord offered me another 6mts as I hadn't found anywhere .
Again I payed upfront for six mts however a month into it I got two months notice to end the tenancy which was annoying but legal I believe . The 19th of June is when I have to get out and my agent is having trouble getting my 3 months rent reimbursed he doesn't answer his phone or countless emails , I need this money for my new property rent but don't feel like vacating without getting my money first .id like to no how I stand on this matter
Alan Shaw
Submitted: 3 years ago.
Category: Law
Expert:  Aston Lawyer replied 3 years ago.
Hello and thanks for using Just Answer.

My name is ***** ***** am happy to assist you with your enquiry.

So I can answer you fully, could you confirm if you signed a new 6 month Tenancy Agreement at the time your first 6 month tenancy expired?

Thanks
AL
Customer: replied 3 years ago.
Hi yes I signed for another 6 mts and paid upfront the whole amount
Expert:  Aston Lawyer replied 3 years ago.

Hi Alan,

Thanks for your reply.

Well, unless there is a clause in the existing Agreement allowing either party to terminate the agreement early, then you are entitled to remain in the property for the full term of the 6 month period.

Is there any such clause do you know?

Kind Regards
AL
Customer: replied 3 years ago.
My Esatate agent as sad before I can give one months notice but the Landlord has to give two I've not actually read the contract
Alan
Expert:  Aston Lawyer replied 3 years ago.

Hi Alan,

You need to check the wording of the agreement you have signed.

From what you have just said, it appears to me that you have NOT signed another 6 month Agreement. Under law, whenever an Assured Shorthold Tenancy expires, it continues on a month to month basis until either party serves Notice on the other to terminate it (Tenant has to give the Landlord 1 month's Notice, and the Landlord needs to give the Tenant 2 months Notice).
If this scenario is indeed correct, then I'm afraid the Landlord is entitled to ask you to leave, although he/the Agent certainly should not have taken a full 6 months rent from you if this is the scenario.

If the worst comes to the worst and this is the scenario, you are of course legally entitled to the return of the 4 months Rent. If you are not reimbursed immediately, you need to threaten to take the Landlord to Court for its return.

I hope this sets out the legal position to you.

Kind Regards
AL
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