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 Remus2004 Your Own Question

Remus2004
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 69357
Experience:  Over 5 years in practice.
12826847
Type Your Property Law Question Here...
Remus2004 is online now

There, I have signed a tenancy agreement and posted it back

Customer Question

Hi there, I have signed a tenancy agreement and posted it back to my state agent in January however it turns out that they did not receive this which means they do not obtain a signed copy the tenancy agreement. Due to a financial crisis thanks to a job loss, I must move out. The state agent still wants to treat me under the clause/agreements giving a 2 month period before I can leave. They have told me that it does not matter whether they received it or not as I continues to pay rent.
Are they correct ?
Submitted: 8 months ago.
Category: Property Law
Expert:  Remus2004 replied 8 months ago.
What are the dates of the AST please?
Customer: replied 8 months ago.
My apologies do you mind explaining what AST is ? Thanks
Expert:  Remus2004 replied 8 months ago.
Assured shorthold tenancy agreement.
Customer: replied 8 months ago.
The AST dates are from 09/01/2016 to 10/01/2017
Expert:  Remus2004 replied 8 months ago.
Ok. Is there a break clause?
Customer: replied 8 months ago.
There is a break clause, I must give a 2 month notice period, however they do not have a signed copy of the agreement from my behalf (tenant).
Expert:  Remus2004 replied 8 months ago.
Not sure what you mean?
Customer: replied 8 months ago.
Sorry, it says the following - Term of tenancy twelve months subject to a breakclause of 60 days that can be activated by either party at any time during the tenancy.
Expert:  Remus2004 replied 8 months ago.
Ok. That isn't too bad then.The agent is right. Whether or not the agreement was received is a non issue. One clearly exists and you accept signing a paper document.The fact that you are paying rent and living there is evidence of a contract.If you are seeking to limit the notice period then it is possible that could happen as a court would expect them to start looking immediately for a replacement and two months is a rather generous period of time for them to find a replacement. Quite often tenants just have to pay one month but that can't be guaranteed.Can I clarify anything for you?Jo

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:

    2427
    Over 5 years in practice.
< Last | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Remus2004's Avatar

    Remus2004

    Barrister

    Satisfied Customers:

    2427
    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:

    414
    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:

    1823
    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:

    241
    I have been a solicitor in High Street Practise since 1985 with a wide general experience.
 
 
 

Related Property Law Questions