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 Ash Your Own Question

Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
75100385
Type Your Property Law Question Here...
Ash is online now

Hi! I have a question about tenancy agreement. We live in

Resolved Question:

Hi!
I have a question about tenancy agreement. We live in a property which is a flat above a shop. The shop was sold from one company to another and they seemed to transfer all of the lease over. We have the old tenancy agreement between us and the previous shop owners, but the current landlord doesn't want to provide us with the new one.
My question is regarding housing benefit will there be a problem that we don't have the agreement with the current landlord and what can we do so we can get the new landlord to sign and give us a copy of the tenancy agreement? What are our rights as a tenants and how can we claim them based on the fact that we have proof of all rent we have payed?
Thanks!
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.

Alex Watts :

I assume this is a private dwelling above a shop? Does the old tenancy/agreement lease say it can be assigned please?

Customer:

I'm sorry I'm not exactly sure what you mean?

Alex Watts :

You live in a flat, I assume its a private flat?

Alex Watts :

Does the tenancy agreement with the old Landlord say it can be transferred?

Customer:

Yes we live in a flat which is above a shop

Customer:

The tenancy agreement is a normal assured shorthold tenancy agreement

Customer:

I'm not sure about that transfering

Customer:

How can I check that?

Alex Watts :

You need to check the wording of the old agreement.

Customer:

What are my options if it says it can be transferred and what if it cannot be transferred?

Alex Watts :

If it can be transferred all is well

Alex Watts :

If it can't be transferred or it is silent, technically you do not have a contract with the new Landlord.

Alex Watts :

Therefore the new Landlord MUST give you a new tenancy agreement.

Alex Watts :

If he refuses you can apply to the Courts that he is required to give you one

Alex Watts :

By law, you must have a valid signed agreement.

Alex Watts :

Does that help?

Customer:

By silent you mean that in the agreement there is nothing said about tranferring

Customer:

if it transferable it should be clearly stated, right?

Alex Watts :

Yes that is right

Customer:

Isn't going to court a bit dangerous

Customer:

I mean is there another way to deal with the landlord based on the law

Customer:

and how not paying the rent will affect the whole case?

Alex Watts :

If you stop paying rent you can be evicted.

Alex Watts :

The Council or the Courts need to force him to give you a tenancy agreement

Alex Watts :

Does that clarify?

Customer:

So I should speak with the council about that matter?

Alex Watts :

I would first.

Customer:

what would you suggest me do then

Alex Watts :

1) Speak with the Council

Alex Watts :

2) Speak with the landlord

Alex Watts :

3) if he refuses to give you a contract get a letter sent from a Solicitor

Alex Watts :

4) if he still refuses take him to Court to get a contract

Customer:

So after council I should get in contact with a solicitor to sent a letter from our name

Alex Watts :

Yes

Customer:

the problem is that i cannot speak directly with the landlord as there is a middleman

Customer:

a management agency that deals with company properties

Alex Watts :

Then write to the management company

Customer:

the person who is between landlord and me

Customer:

i think he is just not helping maybe because we're not british and he thinks we would just give up

Alex Watts :

Yes I understand.

Alex Watts :

Did you read my response above?

Customer:

as i've been asking for the copy of the agreement for about 2 months now and still nothing

Customer:

yes i have

Alex Watts :

Ok.

Customer:

he just keeps fooling me around with excuses

Alex Watts :

Then you take steps 1) - 4) above please

Alex Watts :

Well have you taken steps 1) - 4) above?

Customer:

i have spoken about 20 times with the middleman and he just keeps telling me he will contact the landlord and get me back

Customer:

so speak with the council about my matter

Customer:

then speak with the middleman again

Alex Watts :

Yes and the if no luck issue Court proceedings

Customer:

but what would you recommend me tell the middleman

Customer:

legally based

Customer:

besides the fact that it is required by law that landlord should provide me a written tenancy agreement

Alex Watts :

Then you can apply, if you wish for a Court order that the middleman disclose who the Landlord is

Alex Watts :

You will need to pay a Court fee is £280

Alex Watts :

The forms you need are N1

Alex Watts :

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf

Alex Watts :

The Court will list the matter for hearing and decide whether to make an order that they disclose who the Landlord is

Alex Watts :

If the Court does this and they refuse then they are in contempt of Court

Alex Watts :

Does that help?

Customer:

I have information about who the landlord is as its a chain of shops and I've met the landlord personaly

Customer:

do you think it would be reasonable to try and directly contact the landlord explaining the situation about the middleman

Alex Watts :

Yes try and do this or a Solicitor can do this for you\

Customer:

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

Alex Watts :

ok

Customer:

so to summarise

Customer:

speak with the council first

Customer:

try to find the landlord myself

Customer:

if unsuccessful try and find a solicitor do if for me

Customer:

if all unsuccessful that court eviction you talked about

Alex Watts :

Yes

Customer:

is that right?

Alex Watts :

Yes

Customer:

Ok

Customer:

thank you for your time

Customer:

and your responses

Alex Watts :

Happy to help. can I clarify anything else for you today?

Customer:

I think that was all

Customer:

I'll try to deal with the matter now

Alex Watts :

Ok. If I could ask you to rate my answer before you go - the button should be at the bottom of the screen

Alex Watts :

If you need more help please click reply

Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and other Property Law Specialists are ready to help you

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:

    2438
    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:

    2438
    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:

    445
    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:

    1869
    LLB(HONS) 20 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:

    828
    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:

    286
    I have been a solicitor in High Street Practise since 1985 with a wide general experience.
 
 
 

Related Property Law Questions