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Thomas
Thomas, Solicitor
Category: Property Law
Satisfied Customers: 7602
Experience:  UK solicitor holding an England and Wales practising Certificate.
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I have a fixed term assured shorthold tenancy, renewable annually,

Customer Question

I have a fixed term assured shorthold tenancy, renewable annually, in a property where I have been living since June 2006. The landlord wants to renew all the flooring and has told me I have to leave for a period of approximately 4 weeks. All he has offered me is that I do not have to pay rent for the period. I have nowhere else to go and can not afford to be away from my work. What are my rights.
Submitted: 1 year ago.
Category: Property Law
Expert:  Thomas replied 1 year ago.
Hi,
Thanks for your question.
When does the current fixed term of the tenancy agreement expire please?
Kind regards,
Tom
Customer: replied 1 year ago.

Hello Thomas,

The agreement expires on June 29th 2016 and the Landlord can give me notice two months previously

Kind regards,

Richard

Expert:  Thomas replied 1 year ago.
Hi,
Okay. Can you expand on what you means by "and the Landlord can give me notice two months previously"?
Do you mean that the earliest the landlord can evict you is on 29/06/2015 under the s21 procedure by serving two months notice, or do you mean there is a break/termination clause?
Tom
Customer: replied 1 year ago.

Under the Fixed Term Tenancy agreement it is renewed each year with the landlord's consent.

Expert:  Thomas replied 1 year ago.
Sorry, I need to be clear.
Did you actually sign a new tenancy agreement with a fixed term to expire on 29/06/2015, or did you just sign one tenancy agreement back in 2006?
Tom
Customer: replied 1 year ago.

I have just seen this. The agreement is renewed annually most recently on June 30th 2015. Richard

Expert:  Thomas replied 1 year ago.
Hi,
Forget about what the tenancy says about being renewed annually. Did you physically sign a new tenancy agreement with a fixed term which has a fixed term to expire on 29/06/2016?
Tom
Customer: replied 1 year ago.

Yes, Thomas. The agreement has been renewed annually since its commencement in June 2006. I signed the most recent renewal in May which carries it through to June 29th 2016. Richard

Expert:  Thomas replied 1 year ago.
Great.
Do the lease contain a break clause allowing the landlord to terminate any earlier than 29/06/2016
Customer: replied 1 year ago.

Yes, with 6 months notice.

Expert:  Thomas replied 1 year ago.
Hi
Thank you for your question and patience, I’m Tom and I’ll try to help you.
Your landlord does not have the right to insist that you move out to put down flooring if you have a tenancy agreement with a fixed term to expire in June next year.
He cannot enforce you to move out for this reason and you are under no duty to accept what he is proposing.
However, if there is a break clause then you can probably expect him to serve notice under the break clause giving you 6 months notice but presumably you are okay with this since it will afford you enough time to sort alternative accommodation.
Simply refer him to your tenancy agreement and state that you refuse to move out any earlier than either the expiry of the fixed term or the expiry of a valid notice served by him exercising his break clause.
My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.
Kind regards,
Tom
Customer: replied 1 year ago.

Dear *****,

Thank you for your reply and my apologies if I was not clear. I have been here 10 years and wish to remain, I also do not believe the Landlord would wish to lose me as a tenant. The thrust of my question was towards consideration. With my cooperation what should I expect the Landlord to do, provide alternative suitable accommodation, cost of storage of much of my personal effects, a rent holiday and what else?

Kind regards,

Richard

Expert:  Thomas replied 1 year ago.
Hi,
It's purely a matter for bargaining. There is legal theshold or precedent which he must offer - beacuse he has no right to insist that you move out.
It's purely a case of attempting to secure enough from the landlord so that you can stomach having to move out. Think about what is acceptable to you and ask the landlord if he will meet your demands If he doesn't then don't move out, it's that simple.
Tom
Customer: replied 1 year ago.

Tom, Thank you for the claification, it has helped me see it the situation clealry. Richard

Expert:  Thomas replied 1 year ago.
You're welcome
Tom

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