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 Ash Your Own Question
Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
75100385
Type Your Law Question Here...
Ash is online now

The explains the situation: I was the occupier of an office,

Resolved Question:

Hi,
The explains the situation:
I was the occupier of an office, with a 3 year tenancy agreement (the landlord keeps calling it a lease but it clearly states tenancy agreement) the dates of the agreement were from 1st April 2015 expiring on 31st March 2018
The agreement had a break clause which read "THE TENANT HAS THE RIGHT TO DETERMINE THE LEASE UPON THE ANNIVERSARY OF THE TWELTH MONTH, SUBJECT TO PROVIDING THREE MONTHS PRIOR WRITTEN NOTICE."
Due to health problems I could no longer use the office as I can't climb the stairs to it. I informed the landlord of this and I gave them notice on 15th February 2016, stating that I was utilising the 3 month break clause. The rent was paid for the 3 months notice period and the landlord still has the £1000 deposit that she required when we took out the rental, which we informed her that she could keep to cover any service charges / insurance etc.
The landlord has stated that I did not give the required notice at the required time, which I have disputed. She states that I am still liable for all services charges and rental payments that she cares to charge,
The Council has now asked me to pay the rates as they say that since the building is empty I am liable for the rates due (the 3 months empty premises time has elapsed). The landlord has informed them that I am still liable!
My questions are
1 - Did I give my notice correctly (is she just trying to save herself the job of re-renting the property)?
2 - Are the council correct in coming after me for the rates and if so and they decide to take legal action against me for the monies they say are owed do they have the right of entry into my private address?
Submitted: 12 months ago.
Category: Law
Expert:  Ash replied 12 months ago.

Hello my name is ***** ***** I will help you with this.

On what basis do they say you didnt not have proper notice?

Customer: replied 12 months ago.

Hi Alex

They say that the notice should have been given to them by 1st January and not 15th February.

I said that I thought that the clause meant that I could give notice any time up to 1st April (when the 1st anniversary of the tenancy arrived) and it was to be 3 months notice (which is what I gave them).

Expert:  Ash replied 12 months ago.

Thanks.

1 - Did I give my notice correctly (is she just trying to save herself the job of re-renting the property)?
Sadly I would agree with that it should be 1st January. You are required to give 3 months notice prior to the anniversary. Therefore it should have been 3 months prior 31st March.
2 - Are the council correct in coming after me for the rates and if so and they decide to take legal action against me for the monies they say are owed do they have the right of entry into my private address?

They do NOT have right to enter your private home. But if you entered the lease then they can only come after you for the money owed with a County Court Judgment. But they can NOT force in your home.

You would NOT be liable for rates when you leave the property, the Landlord would. However you would be liable for lease arrears.

Can I clarify anything for you about this today please?
Alex

Customer: replied 12 months ago.

Hi,

The landlord has told the council that I am still liable as I am apparently still in the leese

Expert:  Ash replied 12 months ago.

If you have given the keys back you are not.

If you still have the keys then you are.

Does that clarify?
Alex

Customer: replied 11 months ago.

Perfect, yep the keys were returned when we vacated the premises

Thanks for all your help xxx

Expert:  Ash replied 11 months ago.

If this answers your question could I invite you to rate my answer before you go today, otherwise the site doesn’t pay me for the time spent with you. Thanks in advance! Alex

Ash and other Law Specialists are ready to help you