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LondonlawyerJ
LondonlawyerJ, Solicitor
Category: Property Law
Satisfied Customers: 814
Experience:  Experienced solicitor
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Landlord has sold his flat and given me 4 weeks notice. He

Customer Question

Landlord has sold his flat and given me 4 weeks notice. He is a live out landlord and i have been there for 2 1/2 years. the initial fixed period was 6 months. When the fixed period ended i did not sign up for another fixed period so i assume i have a periodic tenancy? I pay rent monthly and have never missed a payment. i understand that this qualifies as an assured short hold tenancy. i have therefore requested 60 days notice but the landlord has refused. when i moved in i did sign a contract though which includes the following statement 'The law requires that the written notice should not be less than four weeks in the case of notices given by non resident owner (for whom this licence is intended)'. Does that mean that i have to adhere to the 4 weeks notice even though the law does actually say its a minimum of 2 calender months or the same period for which rent is paid, whichever is longer - so 60 days in my case?

Thanks

Julian
Submitted: 3 years ago.
Category: Property Law
Expert:  LondonlawyerJ replied 3 years ago.

LondonlawyerJ :

Hello, I am a lawyer of over 15 years experience I will help you with this. Your tenancy does sound like an AST which would entitle you to 2 months notice as a periodic tenant. However you refer to a licence in your question. Wlicence is a lessxecure interest than a tenancy. Was your original agreement described as a licence? Even if it is so described it will not necessarily mean that you are not a tenant.

JACUSTOMER-g29abaat- :

Hi

JACUSTOMER-g29abaat- :

Yes, the front page of the agreement does say 'A License for shared occupation of a furnished house or flat - non resident owner'.

JACUSTOMER-g29abaat- :

Does that mean then that i will only get 4 weeks notice and the 60 days minimum notice does not now apply?

JACUSTOMER-g29abaat- :

front page of agreement
Full Size Image

LondonlawyerJ :

Not necessarily. Basically if you have had exclusive possession of your home for a term at a rent then you will very likely be a tenant with an AST and entitled to 2 month's notice. Can you give me some more detail about the nature of your agreement. Did your landlord have a right to come into your property and did he exercise it?