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

I took out a 12 month tenancy agreement in January 2014. I

Customer Question

I took out a 12 month tenancy agreement in January 2014. I couldn't take it out for longer as I was told by the Management Company that it was for tax reasons. I received a verbal offer to renew the contract for a further 12 months, with a small increase in rent, which I accepted, on 24 November 2014. On 10 December 2014 I was called by the agents to reduce the tenancy to six months, which for me is completely unacceptable, as I will, in all probability, be made homeless in July, as properties of the kind that I am living in now, and am very happy in, are not readily available. I have my reasons for living in rented property, which I won't go into now.
My question is, do I have a leg to stand on?
Marian D
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 :

Martin, for now please let me know whether you signed any renewal documents at all, or whether this was all verbal?

Alex Watts :

I see you are in chat Marian - are you able to type?

Alex Watts :

I assume you currently have an assured shorthold tenancy?

JACUSTOMER-8jvt53v8- :

I am in an assured shorthold tenancy. I have had to agree to the 6 months extension and I have paid the six months' rent in total and signed the new agreement. I don't have any choice at present. I have one question to ask. Are you operating from the United States, and if so is it English law that applies?

Alex Watts :

Its a USA site but I am based in the UK

Alex Watts :

Has the Landlord signed the renewal too do you know?

JACUSTOMER-8jvt53v8- :

I haven't received the renewal yet, although I have signed it. I am meeting with the management company on Wednesday morning to discuss.

JACUSTOMER-8jvt53v8- :

Sorry I keep disappearing. I am a pensioner and am busy at present with household things!! and am away from my laptop.

Alex Watts :

Your options are limited. Offers for tenancies as well as properties are always subject to contract. This means until the piece of paper has been signed by both parties then either one can pull out at any time

Alex Watts :

It is the same if you put an offer in on a house and it is accepted, until contracts are exchanged either side can pull out

Alex Watts :

Sadly it is the same with a tenancy agreement. Unless both the landlord and tenant have signed, it is not binding

Alex Watts :

I realise this is an unfair position to be in and morally they are duty bound, but in law sadly until the tenant and Landlord have both signed, either party can change their mind.

Alex Watts :

But morally they do have a duty to extend, so you should press this point

Alex Watts :

I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest

Alex Watts :

Can I clarify anything for you about this today please?

JACUSTOMER-8jvt53v8- :

This I understand, but my main question is "is a verbal offer legally binding", ie the offer I received in November for a 12 month extension? I really want to stay here as I like the property very much. I have also spent a lot of money here and made it my home. You may say I am very foolish to do this, but this is the first time I have had to rent, as I have previously owned my property. I consider this to be my home now, rightly or wrongly. I moved to my present place for a reason and this whole business has put me under considerable stress. I know that emotions shouldn't come in to it, but I can't help it, and I also understand that I really don't have any rights as a tenant at all. I have to say that the management company is to blame, in my opinion, for the situation I find myself in now, and this is the reason for the meeting on Wednesday.

Alex Watts :

Usually a verbal offer can be binding.

Alex Watts :

However in terms of property it is always subject to contract

Alex Watts :

Your rights an assured shorthold tenant are sadly very limited. You are only entitled to a 6 month minimum tenancy and it can be ended when it rolls over with 2 months notice.

Alex Watts :

Sadly if you wanted protection a longer tenancy should have been sought.

JACUSTOMER-8jvt53v8- :

Tha

Alex Watts :

But unless a property contract is signed by both parties, it is not binding up until that point

Alex Watts :

I am sorry

JACUSTOMER-8jvt53v8- :

Sorry, I don't quite understand your last sentence. Originally, in January 2014, I requested a 2 year tenancy, but this was rejected for the reason I have stated, so I assume that I really don't have a case for renewal for a further 12 months and should start looking for somewhere else. Unfortunately, for me, this means a total of four moves in two years. At my age, 74 in April, I really can't face going through this all over again as I feel settled here. Hey ho! Thanks for your help.

Alex Watts :

Unless the contract has been signed by the landlord and you - either party can change the terms or withdraw at any time\

Alex Watts :

That is what I am saying

JACUSTOMER-8jvt53v8- :

I'm sorry, did you received my last chat?

Alex Watts :

There is nothing to suggest they want you to leave any time soon

Alex Watts :

But perhaps you could get their intentions for you when you meet later on

Alex Watts :

Does that clairfy?

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
Customer: replied 2 years ago.

Yes, that is clarified. Thank you. Bye

Expert:  Ash replied 2 years ago.
Great.

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