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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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I Signed a Short assured tenancy on February 20th 2016 for

Customer Question

I Signed a Short assured tenancy on February 20th 2016 for a 12 month lease on a property
On March 10th the landlady then gave me a 2 month notice to leave, because her daughter had decided to return from America unexpectedly and wants to give her the property
Is this legal? What are my rights?
Submitted: 9 months ago.
Category: Law
Expert:  Jo C. replied 9 months ago.
Is this a S21 notice?
Customer: replied 9 months ago.
No it was just an email telling me
Customer: replied 9 months ago.
Hello 👋🏻
Customer: replied 9 months ago.
It wasn't an official form of any kind, just to say about her daughter
Customer: replied 9 months ago.
Hello 👋🏻
Expert:  Jo C. replied 9 months ago.
She can’t just end an AST for this reason. She can’t end it in this manner anyway. She needs to serve a proper S21 notice upon you and she cannot end until the end of the AST. If she wants to get you out early then she has to prove that there are S8 breaches like non payment of rent. Regaining a property that you lived in yourself as a family home is a ground but she hasn’t asserted that here or properly. Can I clarify anything for you? Jo
Customer: replied 9 months ago.
So is she issued a s21 notice now, she still would have no grounds to evict? She would have to wait until February 20th 2017? Or 2 months previous I.e 20th December 2016?
I lived here for the previous 12 months and in the email she sent, she actually states I have been her best tenant EVER ( she used capital letters in the email) and really doesn't want to loose me
I still have the signed contract too, with her signature on it, and a witness signature tooI have never missed a payment and actually have quite a good relationship with her , she I inspects the property regularly and always texts to say it is being kept to a very high standard, and the best it has ever been kept
Expert:  Jo C. replied 9 months ago.
Unless she can show S8 breaches she cannot force you out early from an AST.
Customer: replied 9 months ago.
What would be the earliest?
Expert:  Jo C. replied 9 months ago.
If you signed on the 20th February 2016 then not until the 19th February 2017.
Customer: replied 9 months ago.
20th December 2016?
Customer: replied 9 months ago.
right okSo I guess it's best to keep all her emails and text messages then, just in case she tries the S8 route
Customer: replied 9 months ago.
Does it matter I still have the contract?
Expert:  Jo C. replied 9 months ago.
I'm not sure what you mean?
Customer: replied 9 months ago.
The landlady posted the new lease in the post to signed which I did on Feb 20thBut I haven't posted it back yetDoes this matter?
Expert:  Jo C. replied 9 months ago.
Not really. You have signed it and she has as well.
Customer: replied 9 months ago.
Yes everyone has signed it, plus witness signaturesCan I be a witness signature on the contract for my fiancé who also lives here?And then vice versa?
Expert:  Jo C. replied 9 months ago.
It doesn't matter whether there are witnesses or not.she has signed an AST. She is bound by it.
Customer: replied 9 months ago.
Ok great.....I guess I'm in quite a good position thenCan I add to this thread in the week if I have any further questions?Many thanks for your professional helpRegardsPaul
Expert:  Jo C. replied 9 months ago.
Yes, come back when you like. No problem and all the best. Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/
Customer: replied 9 months ago.
Ok brilliant thanks JoSo, just elaborate, I an effectively stay here until 19th April 2017, if my landlady gives me s S21 form at the end of the lease on February 19th 2016, and on the basis I do not break any S8 breaches?Do I have that correct?
Expert:  Jo C. replied 9 months ago.
Yes, that is basically right.
Customer: replied 9 months ago.
Hi Jo, are you currently on line?Regards
Paul
Expert:  Jo C. replied 9 months ago.
Hi. I am now.

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