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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10450
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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I had a 1 year tenancy agreement which has expired and after

Customer Question

I had a 1 year tenancy agreement which has expired and after the one year it was decided to go on a rolling tenancy agreement of which there is only an email confirmation.
In August 2015 it will have been a 1 year period after the written agreement.
What is my notice period as a tenant ?
thank you for your time
Submitted: 2 years ago.
Category: Law
Expert:  Aston Lawyer replied 2 years ago.

Hello and thanks for using Just Answer.

My name is ***** ***** am happy to assist you with your enquiry.

You are correct in that yo uhave a rolling Contract, now that the fixed term of your Tenancy has expired.

Accordingly, you would have to give your Landlord 1 month's notice if you wished to end the Contract and vacate. Your 1 month's notice would have to end on the day before the monthly rent is due. So, if you pay your rent on the 15th of each month, you would have to serve notice on your Landlord on or before 14th July, giving notice to end the tenancy on 14th August.

For your information, if your Landlord wished to terminate the Contract, he would have to give you 2 month's notice.

I hope this helps and sets out the legal position.

If so, I would be grateful if you could rate my answer.

Kind Regards

Al

Expert:  Aston Lawyer replied 2 years ago.

Hi,

Can I assist you any further?

Kind Regards

Al

Customer: replied 2 years ago.

Hi 2 additional questions

1. The landlord in the previous scenario wants to increase rent and has given about 3 weeks notice. Is this legal ?

2. I live as a tenant in a gated complex with a concierge.

The concierge company has been taken over/services moved to a new service provider. This new service provider is forcing me to sign a document indemnifying his people if I want to continue to have them accept parcels and letters destined for my address.

I had nothing signed with the previous company that provided this service and despite my protest that we had an oral agreement with the previous service provider they insist we sign: it states in the letter "must".

Is this acceptable ?

I told them I would review the paperwork they have presented, now they have given me 7 days - ie up till now they have accepted everything without any paperwork.

They do have sent up delivery people to my flat instead of having them stay at the concierge lodge and deliver there, so it is pretty unorganised and random.

I am a tenant and therefore paying for the concierge services (and gym etc), so why should I even get involved? Should this not be implicitly included in the tenancy agreement based upon how it always was ?

thank you for your time

Expert:  Aston Lawyer replied 2 years ago.

Hi,

1. No, your Landlord certainly can't increase the rent while it is a rolling Contract, as you are only under a duty to pay the rent as per the original Tenancy agreement.

2. I can't really comment too much on this point, as I don't know the full regulations of the development. However, it is not unusual for an indemnity if a third party accepts parcels/post on behalf of a party.

I hope I have answered your original question, and if so, I would be grateful if you could rate my answer.

Kind Regards

Al

Customer: replied 2 years ago.

Hi,

Thank you for your feedback.

I would like some more info on #3.

This has little to do with regulations, I believe.

So again the scenario: I am a tenant in a building with a concierge and gym etc. The company that provides these services has been taken over or replaced by another service company. I do not work for this service company and I am entitled to their services, as per my rolling tenancy agreement.

This new service company is forcing me to sign an indemnity document.

Do they have the right to make me sign this as the previous company who provided all these services only had an oral agreement with me.

Please note I am not directly employing this company and I am not paying them directly nor have I any control over their actions or organisation. It does not seem right that they can unilaterally change the rules and threaten to stop delivering my packages (concierge service), if I do not agree to their company policy indemnity (I don't work for them, so I have nothing to do with their company or policy).

Thank you for your time

Expert:  Aston Lawyer replied 2 years ago.

Hi,

This further question does not relate to your original question.

I hope I have answered your original question.

If you are happy to rate my original answer, I will gladly answer this further question free of charge.

Kind Regards

Al

Aston Lawyer and 2 other Law Specialists are ready to help you
Expert:  Aston Lawyer replied 2 years ago.

Hi,

Thanks for rating my answer.

As regards ***** ***** question concerning the concierge, you do need to read the Lease under which your Landlord holds the property. This will explain what services are provided by the Freeholder, to include the concierge service.

If the Lease states that the payment of the service charge includes a full concierge service, including the collection and delivery of parcels, then that is what you are entitled to, and you are not under any duty to sign the indemnity. Likewise, if the Freeholder, via the concierge service, refuses to comply with its obligations under the Lease (ie by not delivering the parcels to you without the need for signing an indemnity), then the Freeholder is in breach of the terms of the Lease.

As you are not the Tenant under the Lease, you have no "contract" with the Freeholder, and you would need your Landlord to raise this with the Freeholder.

If the Lease does not include the collection and delivery of parcels to each resident under the list of sevices the Freeholder will provide to the residents, then the concierge company are entitled to ask you to sign the indemnity, as they are only under a duty to carry out the services as listed in the Lease.

Kind Regards

Al