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Harris
Harris, Law Specialist
Category: Law
Satisfied Customers: 2725
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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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: 1 year ago.
Category: Law
Expert:  Harris replied 1 year ago.

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

Customer: replied 1 year ago.
ENGLAND
Expert:  Harris replied 1 year 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 1 year 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 1 year 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 1 year 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 1 year 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 1 year ago.
I think I could scan it but may take a few moments
Expert:  Harris replied 1 year ago.

Thank you

Customer: replied 1 year 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 1 year ago.

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

Customer: replied 1 year ago.
Ok think ive got it listed as scan 0001 pdf hope you get it
Expert:  Harris replied 1 year 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

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