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 Remus2004 Your Own Question

Remus2004
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 69367
Experience:  Over 5 years in practice.
12826847
Type Your Property Law Question Here...
Remus2004 is online now

Hi I am renting a room in a private house in Dartford. I

Customer Question

Hi

I am renting a room in a private house in Dartford.

I moved into the room on 04/01/2013 and I said that I needed it for my current contract with Barclays which was scheduled to run until 28/02/20113 although it had already been extended 3 months (I formerly worked at Kings Hill near Maidstone) and might be extended again.

At the start of Feb my landlady had started looking for a new tenant (fair enough) but last week I was informed that I would be offered a further extension of 3 months. initially my landlady agreed to extend my contract but on Friday she informed me that she had got a new tenant and she gave me a months notice. She said in the end she could not allow me an extension because I won't receive confirmation of my contract extension with Barclays until sometimes next week and she could not take the chance it wasn't extended.

Our contract didn't outline any term but did stipulate the contract must be ended by a months notice on either side.

I feel she has been unreasonable given that I have always paid rent on time and respected the property. Also when I mentioned my prospective extension with 3 weeks of my existing contract to go.

Another "possible" aspect to this is that I have been subjected to a rumour that I'm "gay" in Dartford. This is complete nonsense but I have a big problem at work/ outside work with this at the moment. I think she may have heard about this and it may have influenced her decision.

I guess theres nothing much I can do but find another room. On a website there was some indication that a tenant may be entitled to a minimum 6 month contract but i don't know if this is relevant in my case given I accepted that I might only require 2 months in the beginning.

Any advice is welcome.
Submitted: 3 years ago.
Category: Property Law
Expert:  Remus2004 replied 3 years ago.
Thank your for your question. I will try to help with this.

Is it an AST?
Expert:  Remus2004 replied 3 years ago.
Thank your for your question. I will try to help with this.

What type of contract are you on?
Customer: replied 3 years ago.

It looks like a very basic informal document that she put together herself for convenience sake. I doubt if she took legal advice about it but I don't know for sure.

Expert:  Remus2004 replied 3 years ago.
Is it entitled AST?
Customer: replied 3 years ago.

I dont know what entitled AST means. It isn't mentioned on the contract.

Expert:  Remus2004 replied 3 years ago.
Assured shorthold tenancy agreement.
Customer: replied 3 years ago.

FOR JOMO1972



It hasn't been defined as such by either of us. It was initially for a 2 month period with a potential to be extended.

Expert:  Remus2004 replied 3 years ago.
OK.

I'm afraid it is bad news.

You are either on an AST or a periodic. I think from what you describe that the contract probably would amount to an AST even if its not actually written on the document.

Until February 1997 the minimum term of an AST was 6 months. This requirement was removed by the Housing Act 1996. There is no reason that they cannot now use a short let.

The other alternative is that you are on a periodic but that can be a short let too.

She does need to serve a proper S21 notice upon you though giving you no less than two months notice on or before the rent date. She cannot just tell you.

I'm sorry this isn't the answer you wanted but it is the position that you face and I have a duty to inform you truthfully.

Hope this helps. Please remember to rate my service either OK SERVICE or above and then I will give you related information for free.

Remus2004, Barrister
Category: Property Law
Satisfied Customers: 69367
Experience: Over 5 years in practice.
Remus2004 and other Property Law Specialists are ready to help you
Customer: replied 3 years ago.

Does the fact that she texted an acceptance to a 3 month extension last Friday have any bearing on the case? She has since said that she made this provisional to Barclaysdefinitely extending the contract. But as thats not been confirmed she was entitled to re let the room. Well its 99% certain the contract will be extended next week.


 


Also her texted acceptance wasn't made provisional she has added that later to cover herself.

Expert:  Remus2004 replied 3 years ago.

Not really. If its an AST then it needs to be in signed writing. If its a periodic then she can break that at any time by serving a S21 notice upon you. But please note that she does have to use a proper S21 and she has to give you no less than 2 months notice and she hasn't done that.

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:

 
 
 
  • Remus2004

    Remus2004

    Barrister

    Satisfied Customers:

    2427
    Over 5 years in practice.
< Last | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Remus2004's Avatar

    Remus2004

    Barrister

    Satisfied Customers:

    2427
    Over 5 years in practice.
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    414
    UK solicitor holding an England and Wales practising Certificate.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    42
    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:

    4708
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/AS/Aston Lawyer/2013-10-8_19517_JAPROFILEPICTURE.64x64.jpg Aston Lawyer's Avatar

    Aston Lawyer

    Solicitor

    Satisfied Customers:

    1823
    LLB(HONS) 20 years of experience in dealing with Conveyancing and Property Law
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg chatham-chamber's Avatar

    chatham-chamber

    Solicitor

    Satisfied Customers:

    828
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.com/uploads/CL/clairep80/2013-8-25_191218_dreamstimexs267279822nd.64x64.jpg Clare's Avatar

    Clare

    Solicitor

    Satisfied Customers:

    241
    I have been a solicitor in High Street Practise since 1985 with a wide general experience.