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Aston Lawyer
Aston Lawyer, Solicitor
Category: Property Law
Satisfied Customers: 10230
Experience:  LLB(HONS) 20 years of experience in dealing with Conveyancing and Property Law
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Hi, we have a year contract with landlord and they gave us

Resolved Question:

Hi,
we have a year contract with landlord and they gave us the 2 month notice before the contract end time which is in September. They provide us the reasons that firstly, we have made late payments and secondly on some maintenance issues which is unacceptable because every month we have to pay at 9th and this month 9th came on Sunday and we made online transfer on 9th but the landlord got the amount on 10th Monday, and the maintenance issues that we have since we moved to the property and the landlord have resolved most of them and this cost the landlord will deduct in the security deposit even we did't break anything since we moved. Further in the notice, the landlord is re-listing the property on the rental market shortly.
In our case my wife is pregnant and her due date in next month first week and this 2 month notice is not enough for us. Can you please advise us what we can do to stay on next 4 months or until contract end date ? thanks.
Submitted: 2 years ago.
Category: Property Law
Expert:  Aston Lawyer replied 2 years ago.
Hello and thanks for using Just Answer.

I am Al and am happy to assist you with your enquiry.

So that I can answer you fully, could you please clarify-

Is your Tenancy an Assured Shorthold Tenancy?

Does it run for a period of 12 months from September 2013 to Sept 2014?

When exactly does your Landlord want you to move out?

I look forward to hearing from you.

Kind Regards
AL

Customer: replied 2 years ago.

yes this is assured shorthold tenancy agreement and its run for 12 month from sep 2013 to sept 2014.


and landlord want to vacate the property by 11am on the 5th may 2014.


thanks

Expert:  Aston Lawyer replied 2 years ago.

Hi again,

Thanks for your reply.

Well, unless there is a break clause in the Agreement, allowing him to terminate the Agreement after 6 months but before the 12 months has expired, he has no legal right to ask you to move out before September 2014 unless he has a Court Order.

I take it that neither of the above 2 scenarios apply?

I look forward to hearing from you.

Kind Regards
AL
Customer: replied 2 years ago.

thanks for reply,


 


i want to know about court order, when landlord can get court order and after it can we get more time from court to move out from the property.

Expert:  Aston Lawyer replied 2 years ago.

Hi,

On the basis that you have been served with a Section 21 Notice by your Landlord, when it gets to Court,if certain grounds for possession are proven, the court will have no choice but to make a possession order and order your eviction. This includes if:

you have rent arrears of at least 8 weeks (if you pay your rent weekly), or 2 months (if you pay your rent monthly), when the landlord gives you notice and at the date of the court hearing.

For other grounds the court will only make a possession order if it considers it is reasonable to do so. This includes if:
you regularly are late paying the rent
you have broken the terms of your tenancy – for example by subletting when you are not allowed to
you have allowed or caused the condition of the property, communal areas or furniture to deteriorate
you have behaved in an antisocial way.

If the Court does make an Order, you would normally have 14 days to move out, and there is no flexibility with this timescale.

I hope this assists you.

Kind Regards
AL
Customer: replied 2 years ago.

thanks for reply,


we are expecting further advice from your side, what suggestions would be? if we talk to landlord to request more time to vacate the property.


thanks

Expert:  Aston Lawyer replied 2 years ago.

Thanks.

I need to know what reason the Landlord has given in the Section 21 Notice as to why he feels he is entitled to evict you.

As I have said above, he would not be successful in getting you evicting if there are no rent arrears at the time of the Court hearing, so is he relying on some other grounds?

Kind Regards
AL
Customer: replied 2 years ago.

thanks for reply,


 


we are paying rent regularly on 5th of every month, but from december 2103 our employer changed the pay date that why we paid rent late and we explained to landlord what the reason was and the landlord agreed to change the pay date to 9th of every month and we paid the 4 days difference as well in january 2014. in feb 2014 this month the rent date fallen on sunday that's why the landlord received the payment on 10th feb 2014. nothing else we break or missed payment from our side.

Expert:  Aston Lawyer replied 2 years ago.

Hi there,

Thanks for your reply.

Well, the only possible ground your Landlord has to get you evicted is if he can prove that you are regularly paying your rent late. Provided you can make sure that the rent is paid on time from now until the Court date, the Court won't make an Order for repossession, especially as your Landlord has agreed to accept payments on the 9th of each month. If you have this in writing from the Landlord, that would help.

I hope this helps.

Kind Regards
AL
Expert:  Aston Lawyer replied 2 years ago.

Hi,

Can I be of any further assistance to you?

Kind Regards
AL
Customer: replied 2 years ago.

thanks,


 


we dont have in written by the landlord that he agreed to extend the rent pay date to 9th every month except the mobile sms which we received from the landlord for agreed to new future rents.in this case, will court accept the mobile texts as evidence?


 


regards

Expert:  Aston Lawyer replied 2 years ago.
Hi again,

In this modern era, Courts do accept text messages as evidence.

Good Luck.

Kind Regards
AL
Aston Lawyer, Solicitor
Category: Property Law
Satisfied Customers: 10230
Experience: LLB(HONS) 20 years of experience in dealing with Conveyancing and Property Law
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