How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Harris Your Own Question

Harris
Harris, Law Specialist
Category: Law
Satisfied Customers: 2323
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
90234221
Type Your Law Question Here...
Harris is online now

I HAVE BEEN A TENANT IN A PROPERTY YEARS MY LAST TENANCY

Resolved Question:

i HAVE BEEN A TENANT IN A PROPERTY FOR 22 YEARS MY LAST TENANCY AGREEMENT WAS SIGNED IN 2014 THE TERM ON THE AGREEMENT WAS FOR "6 MONTHS PLUS" THESE ARE THE WORDS WRITTEN ON THE AGREEMENT.
mY LANDLORD HAS DIED AND HIS FAMILY WANT TO SELL THE HOUSE, THEY PUT IT UP FOR SALE WITHOUT INFORMING ME. THE LANDLORDS FAMILY ARE NOT THREATENING ME WITH A PART 21 NOTICE. DO I HAVE ANY RIGHTS PLEASE
Submitted: 9 months ago.
Category: Law
Expert:  Harris replied 9 months ago.

Hi, thank you for your question. Please confirm if you are in England or Wales?

Customer: replied 9 months ago.
ENGLAND
Expert:  Harris replied 9 months ago.

Thank you. As a tenant you have a right to remain in the property until either you leave by agreement, upon expiry of a Section 21 notice or further to a court order.

You appear to be an assured shorthold tenant (please confirm?) and they would need to follow the legal procedure to evict you. They will first need to serve you a Section 21 notice, and if you do not leave upon expiry of this they will need to pursue a court application for possession proceedings to evict you.

I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for your question without a positive rating. Thank you

Customer: replied 9 months ago.
I dont know if I am a short hold tenant given the period on the agreement as mentioned says "6 months plus". does the word plus give an indefinite period ?
Expert:  Harris replied 9 months ago.

It should state on the front of the tenancy agreement what type of tenancy it is.

However, even if it is an "indefinite" tenancy, which is extremely rare for private tenancies, the landlord still has the right to pursue eviction, but must follow the statutory procedure to evict you as previously stated.

Customer: replied 9 months ago.
It clearly states 6 months plus, my understanding is a section 21 must be served to come in effect at the end of the agreement is this correct ? so if the agreement is as stated 6 month plus when is that end ?
Expert:  Harris replied 9 months ago.

Are you able to attach the tenancy agreement here for my consideration as I have never seen a "6 months plus" period

Customer: replied 9 months ago.
I think I could scan it but may take a few moments
Expert:  Harris replied 9 months ago.

Thank you

Customer: replied 9 months ago.
sorry having trouble scanning to this PC can I log off and re contact you from my other PC if so what is your address
Expert:  Harris replied 9 months ago.

You should be able to access this site again. If you cannot, check your emails for login details

Customer: replied 9 months ago.
Ok think ive got it listed as scan 0001 pdf hope you get it
Expert:  Harris replied 9 months ago.

Thank you for providing this. It is unlikely that you would be able to argue that this is an "indefinite" tenancy due to the "plus" included in the term. The basic premise of assure shorthold tenancies is that they are mainly used for short term purposes and it is likely that a court would agree that you will be on a statutory periodic tenancy as the tenancy has not been formally renewed, therefore the landlord will need to proceed with the statutory requirements to evict you as previously stated.

I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for your question without a positive rating. Thank you

Harris, Law Specialist
Category: Law
Satisfied Customers: 2323
Experience: Family Law - Specialist in Divorce, Financial Relief and Children Matters
Harris and 2 other Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice