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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have rented privately in same place years without

Resolved Question:

I have rented privately in same place for 21 years without any contract as I personnally know the landlord. Today his wife gave me an Assured Shorthold Tenancy Agreement to sign for six months. At the end of of it I have noticed a Notice requiring Procession with same dates as agreement. The agreement says that I would be given two months notice if they wanted me out so why have they put an Procession notice at the end of it almost done sneaky as that was not mentioned when she handed it to me. If they want me out I just need to know if this notice is adequete. They had issues with person upstairs not paying his rent and that took around eight months to get him out why when I pay my rent on time am I given just six months? Is I sign this and due to low wages because I am a cancer patient with no cure I'm worried about being able to afford to rent another property in London as the rent is quite cheap which I am assuming is why she may want me out.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you.
Its bad news I am afraid, even if you did not have a written agreement you are still as Assured Shorthold Tenant as these came into force 25 years ago. Therefore the law requires that you are always given 2 months possession even if you moved in 21 years ago or just sign a new contract
A Notice Requiring Possession is quite normal - it means that at the end of the fixed period if you dont move out they can apply to the Court for possession. If you hadnt signed the new agreement and carried on they could have just given you 2 months notice anyway.
In this case in effect they are saying they may require possession back at the end of it and not that they WILL require you to leave. Its just a formality but actually gives you 6 months notice from the date you sign rather than the 2 months you are currently entitled to.
If you refuse to sign this they could just give you 2 months notice now which is legal.
Can I clarify anything for you about this today please?
Alex
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