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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69977
Experience:  Over 5 years in practice
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hello, I wonder if I can get some advice as regards tenant

Resolved Question:

hello, I wonder if I can get some advice as regards ***** ***** housing agents?
I am currently renting a property, I signed a contract for one year, I moved into the property October 1st 20013, the tenancy is expected run out 1st of October 2014.
I don't want to stay for another 6 months more, my own property should be ready for me to move to in a few months time. so I had the intention of staying another 3 months.
Two reasons I need advice
(1) the housing agents wants me to come and sign another contract and pay another agency fees.
(2) They are saying the minimum contract I can sign is 6 months I please need advice as I don't want to get myself in an unnecessary argument.
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Is this an assured shorthold tenancy agreement please?
Customer: replied 2 years ago.

yes its a shorthold tenancy, they are already treating to start bring tenants to view the property if I don't come and sign a new by Friday this week

Expert:  Jo C. replied 2 years ago.
Thank you.
The minimum AST available is not six months and has not been for many years. However, their policy may well be not to accept agreements of less than six months and that is a view they are entitled to take.
You cannot force them to let you stay ultimately.
If they have not served a section 21 notice upon you yet then they have not lawfully brought this agreement to an end in October. They will need to do that before they can get you out of the property. If you just don't go upon the end of your agreement then it will flip over into a periodic tenancy agreement. That is easy for the authority to bring to an end as well by serving a section 21 notice upon you but it does take time.
The risk that you face is that they will find the offer that you are making unacceptable and, in the end, seek a possession order to remove you. That does take a period of time but you will be liable for costs which are not grave but they are ones that you cannot ignore.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.

Thank you for your answer, but what do you advice a the moment I should do? I don't want to stay any longer than say January next year, as I hope my house would have been complete.

I am currently doing a serious renovation and extension work on a property I bought in may.if I don't want to sign more than 3 to 4 months.

Expert:  Jo C. replied 2 years ago.
Well, what you do is really a matter for you. I can only tell you the consequences of any proposed action.
If you cannot stay beyond January and they will not agree to that then it's not going to be possible. Even if you refuse to go in October it is likely that they would be able to get possession before January afraid.
I'm very sorry but that's the reality.
Customer: replied 2 years ago.

If they are able to get repossession of the property before January I don't mind, I can move to my property then even though it will still be incomplete. I just don't mind, but I just don't them forcing me signing a contract.

I was thinking I could stay then when its about two months left I will give them a month notice.

i have been paying my rent on time, i haven't miss my rent, its annoying that they just too desperate and inconsiderate

Expert:  Jo C. replied 2 years ago.
Nobody can force you to sign a new contract.
If you stay beyond October then they will need to get a possession order which does take time. They will also need to have served a section 21 notice upon you with two months to expire which they may do but haven't done it yet
Customer: replied 2 years ago.

If they have go that root, of serving me a quit notice after October and it will take about two months i don,t mine but how does that affect me?

Expert:  Jo C. replied 2 years ago.
Well, it depends when they do it.
If they do it tomorrow then they might be in time.
If they leave it until October then that will eat into the time period very nicely.
Customer: replied 2 years ago.

Thank you so much for your time, the area, I want you to make clear to me is the part of being liable to cost, how does that work? "That does take a period of time but you will be liable for costs which are not grave but they are ones that you cannot ignore".

Because this comes to them being too cruel always wanting the tenant to be at their mercy, is really annoying me. as from October the work that will be left in my house will be cosmetics, that is while I need a little more time, I am very ready to continue paying my rent.

Expert:  Jo C. replied 2 years ago.
You are only liable for costs if they go to court and its not a high amount.
You will obviously have to keep paying rent though.
Customer: replied 2 years ago.

Thank you your help, they have already send me a letter but I don't think that is section 21 notice.vacating letting they called it. stating how my bond is going to be return, the first one is notice to quit, saying end of tenancy, then the date as 1st of October.

Can you please clarify, this £28 pounds I have deposited now, is this a one off payment for our discussion today or for the month.

as I don't intend to sign any contract.

Expert:  Jo C. replied 2 years ago.
There has been some caselaw that has suggested that a formal S21 notice may not be required but generally landlords still do it.
The letter you are describing does not amount to notice though.
You need to email customer services about your subscription as I'm never involved in that. You can do so here***@******.***
Jo C., Barrister
Category: Law
Satisfied Customers: 69977
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you
Customer: replied 2 years ago.

thank very much, i am satisfy with my answers.

bye for now

Expert:  Jo C. replied 2 years ago.
No problem and all the best.
Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/

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