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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Quite complex issue. we have rented a house under the standard

Customer Question

Quite complex issue. we have rented a house under the standard one year lease, but we were assured by the owners, via the letting agent that we could stay here as along let as they went to live in Australia and the last two lettings have done the same to us and we did not want to move again, apart from the cost and stress of moving a family of 6, we also want to give a bit of security to our children. They now say we have to get out once the year is up (in june) does the verbal promise hold no meaning in this instance? Also, how can we assure a long lease, if only a one year lease is given by landlords. The question here, is not what the law says (we realise the year is up and its weighted in favour of the landlord) but if the law is right and just. Can we appeal? Can we try and change the law and set a newprecedent for tenants? Can we appeal to the European court of human rights that our children are not allowed security of a roof over their head because we can't get a lease for say, three or five years? we think this situation is totally wrong and want to make a stand without breaking the law. Where do we stand on this? Surely the verbal guarantees we were given that we would not have to move after a year, hold some weight?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.
What type of tenancy agreement so you have please?
Customer: replied 2 years ago.

it is an assured shorthold tenancy

Expert:  Ash replied 2 years ago.
It's bad news I am afraid. An assured short hold tenancy (AST) has limited rights and indeed in this case only valid for 12 months. At the end of the 12 month period it only rolls over month by month and your landlord need only give you 2 months notice.
You can't take it to human rights court because the landlord is not a public body. Only public bodies such as a council or government department can be taken to court because of human rights, not private landlords I am sorry to say.
There is no one you can appeal to. The sad fact is that you have a 12 month agreement and nothing more. If it was to be a term you could stay there longer it should have been in the written agreement, but you have an agreement that ends after 12 months.
The verbal agreement is not binding because you have a twelve month contract. Sadly you are stuck with that as a written contract.
I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest.
All you can do is delay the moving out by refusing to leave and make them issue court proceedings for possession. But this would only give you around 3 months,
Can I clarify anything for you about this today please?
Alex
Customer: replied 2 years ago.

I feel this is a pretty lame answer. I know the law as we stand with a one year contract. If you read my question a bitmore, then I'm asking how we fight thus. A

Expert:  Ash replied 2 years ago.
You can't fight it is a such, if you refuse to leave then they must apply to the court for an order for possession. If they do that then you can try and defend it on the basis that there was a longer agreement.
You could also apply for an injunction to stop them issuing proceedings based on what you said. You would need to complete forms n1 and n16a together with a cheque for. £280 just to issue the claim.
The court will then list the matter for hearing and see whether the matter is contested. If it is then the court will set it down for a final hearing and decide whether to make an interim injunction. If the injunction is made and breached they can be warned, fined or sent to prison.
I also have to warn you that if you issue proceedings and lose you would be liable for the legal costs of your side and the landlord.
Does that clarify ?
Alex
Ash and 2 other Law Specialists are ready to help you
Expert:  Ash replied 2 years ago.
Hi
I am just following up on this. Is there anything else I can help with? If so, please let me know.
Alex.
Customer: replied 2 years ago.

Just a point from my original question : Why can't we get a long lease? Why do all landlords only give a lease for one year?

Expert:  Ash replied 2 years ago.
Because in law they are only required to give 6 months sadly.
Alex

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