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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10631
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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My son and daughter-in-law have just been given 2 months

Resolved Question:

My son and daughter-in-law have just been given 2 months notice to leave their flat where they have lived since March 2014. They have never been in arrears with rent and keep the property well. What rights do they have ? Can they delay this as they want to buy a property once I can help them with a deposit which I can give them when my house sale goes through , hopefully in early August? Also my daughter-in-law is Chinese and is applying for her second visa after marriage which is due in October. Will her status affect
her mortgage application? She has a good job in the city.
Thank you,
Philippa Clark
Submitted: 1 year ago.
Category: Law
Expert:  Aston Lawyer replied 1 year ago.

Hi, thanks for your enquiry. I take it that your son and daughter in law have an Assured Shorthold Tenancy? Could you also confirm if the fixed term of the agreement has expired or if not when does the tenancy end? Kind Regards Al

Customer: replied 1 year ago.
I am trying to get that information and will get back to you as soon as possible. Thank you. Philippa Clark
Expert:  Aston Lawyer replied 1 year ago.

Thanks Philippa. I am online on and off all weekend, so I will await to hear from you Al

Customer: replied 1 year ago.
Thanks . my son tells me that the contract ran from Jan 2014 to July 2014 , then has been continued month by month and now the landlady says she wants to move back in.
Expert:  Aston Lawyer replied 1 year ago.

Hi, thanks. Well, the legal position is that as the fixed term has expired, the Tenancy continues until either party gives formal Notice to end the Tenancy. A Tenant has to give 1 month, and the Landlord has to give 2 months, Notice. Therefore, I am afraid that the landlady is within her rights to give your son and daughter in law 2 months to vacate (if they do not vacate, the landlady would have to issue Court proceedings and obtain an Order that they are evicted- I am sure your son and daughter in law would not want this to happen as it would affect their credit rating and therefore affect their chances of getting a Mortgage). They can always speak to the landlady and see if she will agree informally to extend their stay until they are ready to move out, but the decision is down to her as to whether or not to agree. On the Mortgage question, there are certain Banks who will grant Mortgages to people on a visa and by the same token there are some Banks who won't. Your son and daughter in law should consult a Mortgage Broker who can search the whole market and find the Banks who will led and the best offers. I hope this assists and sets out the legal position. Sorry if it was not the answer you were looking for, but I would be grateful if you could rate my answer if I have helped. Kind Regards Al

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