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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I moved into my property in aug 2014 with a shorthand tenancy

Customer Question

I moved into my property in aug 2014 with a shorthand tenancy which expired in February 2015. I then went onto a rolling mostly contract. I received a section 21 notice for possession after i complained to environmental health. Unfortunately I moved into the property before the law preventing revenge evictions me into place. I had the notice checked by a solicitor and it was correct and therefore my tenancy expired on 29th February 2016. I am still living at the property as I have nowhere else to go despite the council classing me as homeless!
I have received a letter form the estate agents stating that my tenancy remains in place as I have not vacated and notifying me of house check visit.
I do not think that my tenancy remains in place as the notice for possession expired. Am I still bound by the rules of the contract? Does my tenancy remain in place?
Submitted: 8 months ago.
Category: Law
Expert:  Ash replied 8 months ago.
Hello my name is ***** ***** I will help you.Did you give any notice to leave please?Alex
Customer: replied 8 months ago.
Hi Alex, no i didn't give any notice to leave. I contacted environmental health because the house was in disrepair and dangerous and I was given a section 21 notice once the environmental health report had been received by the estate agent and landlord. I had no intention to leave the property, I just wanted the problems sorted.
Expert:  Ash replied 8 months ago.
Did Environmental Health declare it unfit for habitation and if so did you get this in writing?
Customer: replied 8 months ago.
Environmental health issued a 3 page document of works that needed to be carried out at the property, it was not worded as 'unfit for habitation' but it stated that 'in order to satisfy relevant legal standards, your landlord has been requested to carry out the works in the attached schedule of works'. Some of the works were carried out but not all of them, it is my belief that environmental health have now closed the case as they deem it to be safe although the remaining works which he asked to be completed have not been done. Yes I have it all in writing.
Expert:  Ash replied 8 months ago.
Ah in that case you are in some difficulty. Unless they said it was unfit to live in then you needed to give proper notice to leave.But you could just say to the Landlord sue me for the months rent and then sue for breach of contract because of the condition.But in theory you should have given notice.Can I clarify anything for you about this today please?Alex
Customer: replied 8 months ago.
I didn't want to give notice though, i'm being forced to leave. My original question was, am I still bound by the contract and does my tenancy remain in place even though the section 21 noticed has expired?
Expert:  Ash replied 8 months ago.
Yes it does.Does that clarify?Alex
Customer: replied 8 months ago.
So even though the contract has expired I still legally have to pay rent and allow access for home checks?
Expert:  Ash replied 8 months ago.
Correct. This is because even if you were actually live there, then you would still be liable for rent. If you have moved out, your tenancy ends WHEN you have handed the keys back. That is when its ends.Does that clarify?Alex
Customer: replied 8 months ago.
Yes thank you
Expert:  Ash replied 8 months ago.
I am sorry its not the answer you want necessarily. If I could ask you to rate my answer before you go today please, otherwise the site doesnt credit me for the time spent with you. Thanks in advance. Alex

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