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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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Can the Landlord serve Notice and then agree

Customer Question

Can the Landlord serve Notice and then agree for extension subject to a serious rent increase?
There is no allowance for this in my Tenancy Agreement.
Following expiry of the notice period how long will take for the Landlord to get a Court eviction Order?
What is the time given by the Court for me to evacuate?
If there is a bailiff, how can he remove me and my belongings. When will he show up?
BOB
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.
i assume you have an assured shorthold tenancy please?
Customer: replied 1 year ago.

No

Expert:  Ash replied 1 year ago.
What type of tenancy do you have?
Customer: replied 1 year ago.

Must be not assured, the rent is over 100K

Customer: replied 1 year ago.
Relist: Other.
I did not receive an answer to my question.
The expert only asked me a short question to which I replied.
I had no further correspondence with the expert
Expert:  Ash replied 1 year ago.
I am sorry for the delay but when you relisted it, it went to the back of the list.
Is this commercial or residential?
Customer: replied 1 year ago.

Residential. Rent over 100K/year, with a Tenancy Agreement containing a term of 3 years with 2 month break close, with 2 month notice.

The 3 years expires in September 2015

Notice was served and expired on the 29 th of May.

Expert:  Ash replied 1 year ago.
What does the agreement say about rent increases please?
Customer: replied 1 year ago.

As I wrote in my first brief, there is no reference to rent increase in the Tenancy Agreement

Expert:  Ash replied 1 year ago.
If there is no mechanism for increase then the landlord can't do it. He landlord can only increase the rent if there is a trigger in the rents, agreement.
In order to get you out the landlord would first need to serve a notice to quit. This would give you a period of 2 months to move out. If you do not the he must issue proceedings for possessing this will take a further 4-6 weeks depending on how busy the court is. Even if he does get possession a judge will allow 14 days for you to move out. If you do not then and only then can he instruct bailiffs. That will take around another 4 weeks.
So the whole process will take around 4 months or so. You will always be notified of a bailiff appointment in advance. A bailiff can only come once there is an order for possession.
Can I clarify anything for you about this today please?
Alex

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