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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My question is related to a secure local authority tenancy. When

Resolved Question:

My question is related to a secure local authority tenancy.

When a tenant gives notice to quit giving 4 weeks are we able to extend this period with the by means of agreement should for any reason the tenant can't move out in time, the property isn't read etc etc, I'm assuming that a letter covering this identifying the new extended expected Tenancy end date is sufficient?

Can you clarify that if for any reason we wanted to extend this to enable the tenant for example a tenant to put right a piece of damage that this would also be acceptable by means of agreement and again in writing?
Submitted: 2 years ago.
Category: Property Law
Expert:  Ash replied 2 years ago.

Alex Watts : Hello my name is ***** ***** I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : Lit c
Alex Watts : It can be but you are relying on the discretion of the local authority.
Alex Watts : If you have given notice to quit then you should move out by that date.
Alex Watts : The tenancy has and will end.
Alex Watts : But the council can by agreement extend that, although there is no legal right,
Alex Watts : A letter asking for more time and setting out the reasons should suffice.
Alex Watts : Can I clarify anything for you about this today please?
Customer: Hi, I just wanted to ask if that would work either way by agreement? If the local authority wanted to extend it and have good reason in writing with an extended date is that ok? When it passes the expected tenancy end date can a rent charge and the tenancy continue until the new extended date?
Alex Watts :

Yes and yes

Alex Watts :

They can extend but rent is due

Alex Watts :

But they need your consent to extend

Alex Watts :

If you want to extend then you can also ask them

Alex Watts :

Can I clarify anything else?

Customer: Thank you, ***** ***** Will you be providing your full response today on this (I appreciate that you at have other commitments) it would be useful to
Customer: Thank you, ***** ***** helpful. Will you be able to provide your full response to this today (I appreciate that you may have other commitments however) it would be helpful to know where it's referred to
Alex Watts :

When you say full response, what else would you like to know?

Customer: Sorry I sent before I finished. I meant to say it would be helpful to understand where this is referred to in law if possible or case law maybe? Thanks for your help.
Alex Watts :

This is simple contract law, it is not contained within the Housing Act

Alex Watts :

It is just a matter of negotiation between the parties

Alex Watts :

If you want case law that it outside the remit of this site

Alex Watts :

But case law is available at: http://www.bailii.org/

Alex Watts :

Can I clarify anything else?

Customer: Thanks thanks helpful. If on the other side a LA asked for extension setting out ground e.g. They would like something repaired before the keys are returned/accepted would it be reasonable to enter into negotiation to agree that certain works are completed?
Alex Watts :

That is possible yes

Alex Watts :

But again its at their discretion

Alex Watts :

Can I clarify anything more for you please?

Customer: Thanks, ***** ***** mean at the LAs discretion or tenants in terms if the request? Sorry I just want to check my understanding is correct.
Alex Watts :

LA discretion

Customer: Wonderful this is helpful,
Alex Watts :

Great.

Customer: Can I check my understanding briefly with you before I say goodbye
Alex Watts :

Yes of course, but if you could be quick as its very late and I need to go to bed!

Customer: Whilst in the four week notice period in a secure tenancy either party can extend the notice period however from a tenants perspective and LA they need to set out reason however discretion to accept this and the keys is on the part of the LA. During the extension period rent is due throughout until it comes to the end of the extended period.
Alex Watts :

That is correct

Alex Watts :

If this does answer your question if I could invite you to rate my answer before you go, if the system wont let you please do say

Alex Watts :

If you need more help, please click reply

Customer: Thank you. I've already been to sleep (briefly) so feeling guilty now. Thanks very much for your help.
Alex Watts :

Thanks and all the best with this.

Customer: thanks, ***** ***** you of course :-)
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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