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Remus2004
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 70505
Experience:  Over 5 years in practice.
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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: 3 years ago.
Category: Property Law
Expert:  Remus2004 replied 3 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 3 years ago.

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

Expert:  Remus2004 replied 3 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 and other Property Law Specialists are ready to help you
Customer: replied 3 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 3 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/