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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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I am in a AST. The fixed term is due to end on 15th May. There

Resolved Question:

I am in a AST. The fixed term is due to end on 15th May. There are some rent arrears - last Thursday my landlord text me to say that she was giving me 2 weeks notice to leave the property as I was behind with the rent.
Prior to this I had already given 2 months notice for an end date in July.
The contract states 2 months notice (which was what I gave) however the landlady has cited a clause in the contract which she claims allows her to ask me to leave in 2 weeks time. The clause reads:
Where the rent, any part of it, or any other sum due from the tenant under this agreement, is in arrears of 14 days or more after it has become due (whether legally demanded or not), the landlord may re-enter the premises and the tenant will immediately be determined without prejudice to any other rights and remedies of the landlord. This is subject to any statuary restrictions on the landlords power to do so. A court order will be required if anyone is residing at the premises.
What are my rights and options please? I would like to remain at the property until the original date I gave when I handed my notice in if possible - can this be achieved??
Whilst I haven't made issue up until now I am aware that the landlady has not fulfilled some legal and contractual requirements....can I mention these to assist my case to remain at the property?
Some of the issues are:
- My deposit was not place in a protected scheme for many months
- The deposit amount shown on the agreement is not the correct figure
- There was no gas safety check done prior to us moving in and there has been no annual inspections
- None of the furniture displays the fire regulation labels and a couple of items would not comply anyway
- There are ongoing issues with hot water and heating - the landlady had promised to replace the boiler over a year ago however this has never happened.
- The washing machine broke and I paid for a replacement
- The dishwasher has not worked for almost a year
- I was not given the energy efficiency statements prior to or at any point during my tenancy
- I believe there is also a requirement for electrical items in the house to be PAT tested too is that correct?
- There is asbestos in the roof of the porch of the house
If you could advise me my rights and advise me what I should do / communicate to my landlady to ensure we get to stay in the house until July please I would be very grateful.
Submitted: 2 years ago.
Category: Law
Expert:  UKSolicitorJA replied 2 years ago.
Hello,
You do NOT need to move out at the end of the 2 weeks notice given by your landlord and you may inform your landlady that you will move out as originally agreed.
Your landlady would have to go to court to get a possession order against you first and she cannot make you move out until she gets a court order, a process which may take several months.
Hope this helps
Customer: replied 2 years ago.
Thanks so much for the reply.
She never acknowledged my notice when I sent it on email. She is adiment that I need to leave at the end of the 2 weeks that she has said.
What's the best thing for me to say to her about this please?
Am I correct about the issues with my landlords lack of compliance too?
Are you able to construct a letter on my behalf? I'm happy to pay for this service if you are.
Best wishes
Gemma
Expert:  UKSolicitorJA replied 2 years ago.
You may inform her that you have taken legal advice and she needs to go to court to force you out of the property.
As she also has compliance issues, there is a dispute which may affect how much you owe her and therefore how much she is claiming for you in rent arrears.
This is an online service and not a law firm, you will have to contact a local solicitor for a letter.
All the best
Customer: replied 2 years ago.
Thanks for this. Just to be clear though I cannot be forced to leave in the 2 weeks that she has stated? And in the meantime I write to her around what you suggested above and remain at the property?
Are the issues I mentioned serious enough for a court to take notice of if it comes to it?
Expert:  UKSolicitorJA replied 2 years ago.
No, you do not need to leave the property until a court has told you to leave.
Yes, the issues you raise are serious for a court to consider.
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