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: 69985
Experience:  Over 5 years in practice.
12826847
Type Your Property Law Question Here...
Remus2004 is online now

Hi there, Im in a rental property - 2 year AST with a 12 month

Customer Question

Hi there,
Im in a rental property - 2 year AST with a 12 month break clause. It started Nov 29 2013. 4 months into the tenancy the letting agents said the landlord wanted to sell. We said no we've just moved in. Today they called again with the same story. Rent is paid until end of August. They insisted on 2 years I insisted on the 12 month break clause.

Questions
1. when do the landlords serve the section 21 notice - is it after 12 months? which means we get 12 months plus 2 months to stay in the property So we have until Jan 28th 2015 to stay legally or is it after ten months they can serve a 2 month notice ?or is it after 6 months?

2.If we have to leave can we insist on them doing the viewings in the last month of our stay
what is the default position because its not mentioned in the AST?

3. What are our rights of quiet enjoyment?

Thanks
Tim Fowkes
Submitted: 2 years ago.
Category: Property Law
Expert:  Remus2004 replied 2 years ago.
Thank you for your question. My name is ***** ***** I will try to help with this.


Are you hoping to stay in the property please?
Customer: replied 2 years ago.

I would like to stay here for at least another year if I can

Expert:  Remus2004 replied 2 years ago.
If it is a mutual break clause whereby either the landlord or the tenant can serve notice the best you could hope for would be to stay until the end of the first 12 months provided the landlord has given you two months notice.

He can serve you a section 21 notice at any time and can actually do it on the first day of the tenancy to expire on the last day of the tenancy.

It is not 12 months +2 months, but two months from when he served the notice to expire not sooner than the end of the tenancy period which in this case is 12 months.

If the landlord wants to sell, you could use this to your advantage and tell him that you would be prepared to move out earlier provided he gives you, for example, two or three months rent free and pays your moving costs and any costs you incur in referencing etc for a new property. If he will not agree to that then tell him that he will have to wait until November. You don't have to do that I'm just mentioning that is a possible way of turning the situation round to your advantage.

He is allowed to have all the people come to view the property on reasonable notice which would normally be 48 hours and he is also under a duty not to cause nuisance/give quiet enjoyment. I think more than two viewings per week in the last three months of the term would be reasonable.

Can I clarify anything for you?

Jo
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 69985
Experience: Over 5 years in practice.
Remus2004 and other Property Law Specialists are ready to help you
Customer: replied 2 years ago.
Ok. Thanks for this. Not quite what I wanted to hear but then again the law seldom is. The alternative would be to buy the house. That avoids viewings. I'll close now and rate the service
Thanks
Tim.
Expert:  Remus2004 replied 2 years ago.
No problem.

All the best.

Thank you for the positive rating and remember that I am always available to help with your questions. For future information, please start your question with ‘FOR JO C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/

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:

    2446
    Over 5 years in practice.
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Remus2004's Avatar

    Remus2004

    Barrister

    Satisfied Customers:

    2446
    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:

    453
    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:

    1907
    LLB(HONS) 23 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:

    846
    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:

    308
    I have been a solicitor in High Street Practise since 1985 with a wide general experience.
 
 
 

Related Property Law Questions