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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I have lived in a flat in Oxfordshire 3 years

Customer Question

Hello
I have lived in a flat in Oxfordshire for almost 3 years (the first two years on a tenancy agreement of one year at a time, then when last year's contract expired it was not renewed but kept on a rolling month by month contract where I can give 1 month's notice to leave, and landlord can give 2 months notice to ask me to leave, which we were both happy with).
When I began to struggle with paying bills about a year ago I decided to let my spare room out on Airbnb now and again. This was helpful and the landlord was aware and said it was a good idea. However, recently he has had communication from the property management company who apparently are the leaseholders. He says they have been made aware of the Airbnb guests and that in his lease contract with them no tenants are allowed to stay in the property for less than six months. Which would have been fine had I known - I cannot find details of this clause anywhere in my tenancy agreement. Firstly he wants me to stop advertising and taking bookings, which I am in the process of sorting out, and to cancel any future bookings. But secondly and most upsettingly, for this reason he has given me the 2 months notice to leave the property. I have pointed out that there are no details of this clause in my tenancy agreement, there is no restriction on lengths of letting periods. He seems to believe there is, that it's in there somewhere. The only thing I can find that could relate to it is this:
"6.41 To perform and observe the covenants on the lessee's part in any superior lease (if any) except only for the payment of rent reserved thereby and service charge therein defined (if any) any save insofar as they are inconsistent with the stipulations on the part of the tenant contained herein to keep the landlord indemnified against all claims damages costs and expenses in a way related thereto."
And possibly...
"Where the landlord's interest is derived from another lease ("The Headlease") then it is agreed that the tenant will observe the restrictions in the Headlease applicable to the property"
So if there are any restrictions, they were not pointed out or explained in any way when I moved in to the property. Do they have to be?
I understand that I am obligated to leave anyway, but it seems very unfair to me that this is the reason. Is there anything I can do to prevent having to move, or if not is there any basis for a claim against the landlord?
Many thanks
Submitted: 1 year ago.
Category: Property Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.
What is it you want to achieve please?
Customer: replied 1 year ago.

I want to stay in the property - by trying to reason with the landlord. I feel it's unfair of him to using the bnb guests as a reason to ask me to leave, because as far as I can see there is no restriction in the agreement.

Thanks

Expert:  Ash replied 1 year ago.
Has the landlord said he would give notice otherwise?.
Customer: replied 1 year ago.

He has already given notice

Expert:  Ash replied 1 year ago.
Ok. On the basis of breach or wants possession back?
Customer: replied 1 year ago.

wants possession back.

Expert:  Ash replied 1 year ago.
Ok. I assume you have an assured short hold tenancy?
Customer: replied 1 year ago.

yes

Expert:  Ash replied 1 year ago.
when did your fix term end?
Customer: replied 1 year ago.

Oct 12th 2014

Expert:  Ash replied 1 year ago.
It's bad news then I am afraid. You are on a periodic tenancy, that means it can be ended at any time by the landlord serving 2 months notice.
If the landlord has served notice then you can't stop it and sadly you have no right to remain. Even if he says it's because you have sub let it makes no difference. The fact is you are outside of the fixed period and the landlord can claim possession back by serving 2 months notice.
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.
Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.

Ok thank you for the answer. I'd be grateful if you could clarify whether or not by subletting for less than 6 months I was in breach of any clause in the agreement.

Expert:  Ash replied 1 year ago.
Technically yes because you have to comply with agreements of the main lease. But that is not the reason for possession by the looks of it, but even if it was sadly there is no defence because of the type of tenancy.
Alex

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