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LondonlawyerJ
LondonlawyerJ, Advocate
Category: Law
Satisfied Customers: 778
Experience:  Solicitor with over 15 years experience.
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I have lived in the same rental property under an Assured

Customer Question

Hello,
I have lived in the same rental property under an Assured Shorthold Tenancy agreement since November 2006. The landlords were jointly husband and wife.
There are no rent arrears and never have been.
Since the death of the husband his widow has now decided that his share of the property should go to her grandson and wants to set up a New Agreement for 1,2 or 3 year term )depending on what I choose. The rent will go up by £40 per month and I have to pay extra to make up the deposit paid when I first moved in. I am quite happy to pay the extra, no problem.
The flat is on the first floor and there is no lift, and I have arthritis in my right hip (I'm 67). I also suffer from severe diabetes which has caused my sight to deteriorate and I am undergoing laser treatments at the hospital. I fear therefore that my health will become so bad I will have no choice but to apply for Council Housing.
As you will appreciate I am loathe to sign a new agreement which ties me up for 1,2 or 3 year period, even though I love where I live. Can you offer an answer please? Do I ask for a Periodic Tenancy and if so would the Housing Benefit (I currently receive) still apply?
Submitted: 1 year ago.
Category: Law
Expert:  LondonlawyerJ replied 1 year ago.
Hello, I am a solicitor with 20 years experience. I will try to answer this for you.
Are you still under the time of a specific rental agreement at the moment. If not you have a periodic tenancy.
Could you ask for a 6 month agreement in light of the issues you highlight.
If you agree to a tenancy for a fixed period then you are liable for the rent for that entire period. However, the landlord has a duty to minimise his loss from your breach of contract by early departure and if this is a good flat then it would probably be quite easy for them to re-let. Once it is re-let you are no longer liable for rent.
Customer: replied 1 year ago.

Not happy with all this. I was told you charged if the person was happy with your answer and I am far from happy. Despite this £38 has already been taken from my credit card. You have told me what I already knew and not answered what I asked at all. Re: Do I ask for periodic tenancy for the New Agreement and will Housing Benefit still apply?

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