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Hello my name is ***** ***** I will help you with this.
I assume this is a private dwelling above a shop? Does the old tenancy/agreement lease say it can be assigned please?
I'm sorry I'm not exactly sure what you mean?
You live in a flat, I assume its a private flat?
Does the tenancy agreement with the old Landlord say it can be transferred?
Yes we live in a flat which is above a shop
The tenancy agreement is a normal assured shorthold tenancy agreement
I'm not sure about that transfering
How can I check that?
You need to check the wording of the old agreement.
What are my options if it says it can be transferred and what if it cannot be transferred?
If it can be transferred all is well
If it can't be transferred or it is silent, technically you do not have a contract with the new Landlord.
Therefore the new Landlord MUST give you a new tenancy agreement.
If he refuses you can apply to the Courts that he is required to give you one
By law, you must have a valid signed agreement.
Does that help?
By silent you mean that in the agreement there is nothing said about tranferring
if it transferable it should be clearly stated, right?
Yes that is right
Isn't going to court a bit dangerous
I mean is there another way to deal with the landlord based on the law
and how not paying the rent will affect the whole case?
If you stop paying rent you can be evicted.
The Council or the Courts need to force him to give you a tenancy agreement
Does that clarify?
So I should speak with the council about that matter?
I would first.
what would you suggest me do then
1) Speak with the Council
2) Speak with the landlord
3) if he refuses to give you a contract get a letter sent from a Solicitor
4) if he still refuses take him to Court to get a contract
So after council I should get in contact with a solicitor to sent a letter from our name
the problem is that i cannot speak directly with the landlord as there is a middleman
a management agency that deals with company properties
Then write to the management company
the person who is between landlord and me
i think he is just not helping maybe because we're not british and he thinks we would just give up
Yes I understand.
Did you read my response above?
as i've been asking for the copy of the agreement for about 2 months now and still nothing
yes i have
he just keeps fooling me around with excuses
Then you take steps 1) - 4) above please
Well have you taken steps 1) - 4) above?
i have spoken about 20 times with the middleman and he just keeps telling me he will contact the landlord and get me back
so speak with the council about my matter
then speak with the middleman again
Yes and the if no luck issue Court proceedings
but what would you recommend me tell the middleman
besides the fact that it is required by law that landlord should provide me a written tenancy agreement
Then you can apply, if you wish for a Court order that the middleman disclose who the Landlord is
You will need to pay a Court fee is £280
The forms you need are N1
The Court will list the matter for hearing and decide whether to make an order that they disclose who the Landlord is
If the Court does this and they refuse then they are in contempt of Court
I have information about who the landlord is as its a chain of shops and I've met the landlord personaly
do you think it would be reasonable to try and directly contact the landlord explaining the situation about the middleman
Yes try and do this or a Solicitor can do this for you\
because there are also repairs in the flat we did on our own as they were urgent and middleman lied to us and didn't repair them as promised
so to summarise
speak with the council first
try to find the landlord myself
if unsuccessful try and find a solicitor do if for me
if all unsuccessful that court eviction you talked about
is that right?
thank you for your time
and your responses
Happy to help. can I clarify anything else for you today?
I think that was all
I'll try to deal with the matter now
Ok. If I could ask you to rate my answer before you go - the button should be at the bottom of the screen
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