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Remus2004
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 70298
Experience:  Over 5 years in practice.
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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: 4 years ago.
Category: Property Law
Expert:  Remus2004 replied 4 years ago.
Thank your for your question. I will try to help with this.

Is it an AST?
Expert:  Remus2004 replied 4 years ago.
Thank your for your question. I will try to help with this.

What type of contract are you on?
Customer: replied 4 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 4 years ago.
Is it entitled AST?
Customer: replied 4 years ago.

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

Expert:  Remus2004 replied 4 years ago.
Assured shorthold tenancy agreement.
Customer: replied 4 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 4 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.

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Customer: replied 4 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 4 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.

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