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 Aston Lawyer Your Own Question

Aston Lawyer
Aston Lawyer, Solicitor
Category: Property Law
Satisfied Customers: 10236
Experience:  LLB(HONS) 20 years of experience in dealing with Conveyancing and Property Law
16368554
Type Your Property Law Question Here...
Aston Lawyer is online now

I am encountering some problems with my landlord because he

Resolved Question:

Hi,
I am encountering some problems with my landlord because he claims that although my tenancy end as a 12 months fixed term contract. The close 7.1 makes me reliable to rent till 2 months after notice:
Close 7.1 of the contract stipulates that:
If the tenant shall desire to determine the tenancy hereby created at or at any time after the end of the first (six) months thereof and shall give the Landlord not less than two months previous notice in writing of such desire and shall up to the time of such determination pay the rent and observe and perform the agreements and obligations on the Tenant's part herein before reserved and contained then immediately on the expiration of such notice the present tenancy and everything herein contained shall cease and be void but without prejudice to the rights and remedies of either party against the other in respect at any antecedent claim or breach of obligation.
This is a 12 months fixed term contract.
Which TERM stipulates:
The tenant hereby agrees to take and occupy the property at the rent for a period of 12 months from and including 15th of September 2015. Same fixed term contract date stipulated in the Deposit protection certificate.
Also clause: 3.9 : Handover to the landlord the Property and all new fixtures and new additions thereto and the furniture and effects specified in the inventory or the articles substituted for the same at the end or earlier termination of the tenancy.
I have written proof of me specifying to the letting agent about leaving in written form (by text message; as well as an email sent from the letting agent to my flatmate where she said that I messaged her I was leaving) on the 24th of August.
Please let me know what are my rights in this case. I believe that the close 7.1 of the contract can only apply if I was leaving before the end of my fixed term contract. Which I am not; I intend to leave on the 15th of September as my contract says - where no basis of rolling contract is applied. Neither I or my flatmate ever signed any renewal of the contract.
There is extensive email proof that we said we are leaving the property unless the landlord is able to lower the rent back from the 10th of august. The letting agent informed us that the landlord was unreachable (on holidays); and only let us know when he was back on the 6th of September about the clause 7.1 of the contract.
Furthermore, the landlord is using scare techniques with my flatmate to intimidate her and make her stay an additional month (saying that he found someone to sublet my room). I have signed an extensive document that I do not agree to any contract renewal and that if she decides to stay she will need to sign a new contract.
Many thanks,
Rim
Submitted: 4 months ago.
Category: Property Law
Customer: replied 4 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 4 months ago.
I have joined by email a draft of the tenancy that I am referring to.
Expert:  Aston Lawyer replied 4 months ago.

Hi, I am happy to assist you by chatting online. You are quite correct- a Tenant is free to walk away and leave the property on the date the fixed term ends ie 15th September, without giving any prior notice to the Landlord whatsoever. Clause 7.1 of the Tenancy applies only in the case where you wanted to end the Tenancy after 6 months but before the end of the fixed term. The Landlord is indeed therefore trying to bully you, and I confirm that all you do need to do is to vacate on the 15th and hand back the keys. I hoe this helps you and confirms the legal position. If I have helped, please could you leave feedback. Thanks Al

Aston Lawyer, Solicitor
Category: Property Law
Satisfied Customers: 10236
Experience: LLB(HONS) 20 years of experience in dealing with Conveyancing and Property Law
Aston Lawyer and other Property Law Specialists are ready to help you
Customer: replied 4 months ago.
Hi Aston, thank you so much for your answer. Were you able to read the contract attached?
Expert:  Aston Lawyer replied 4 months ago.

Hi Rim, yes I was- to be honest, I only needed to see the first page as it is a standard Agreement, and confirms it is for a fixed term of 12 months- the law is therefore quite clear- you are free to leave at the end of the fixed term full stop. Don't let him bully you! All the best Al

Customer: replied 4 months ago.
Hi Aston, I have another question regarding this case. Since the clause 7.1 is so unclear, can it be in any case considered to be carried over a periodic agreement - meaning only when I give those 2 months notice correctly?My flatmate (out of panic and option) is trying to negotiate with him to stay an extra month. Are they legally allowed to do that on the back of a contract I consider as terminating the 15th of September.Also does a text message hold as a written notice for departure (as I have sent the agent a text message saying clearly that I was leaving the property on the 24th of August). Which then gives me less than a month, but around 3 weeks written notice to the landlord?I really want to solve this situation fast as I am moving next Tuesday to another flat.
But he is neither responding to us for the next steps and what he decides, the landlord claims to be a lawyer as well. I have emailed and texted 4 times already asking when will the inventory will be done and where should I leave the keys.Also, I have to add that we have written email proof that from the 10th of august we were actively trying to contact the landlord via the agent on the grounds that we had to receive confirmation that the rent needs to be lowered in order for us to stay.
She said that during this whole month period, she was unable to get in touch with him and give any sort of confirmation to us.
He only replied the 6th of September when he was back from holidays, and then stated the clause 7.1 and that we had to stay.Please let me know what you think of this problem and how I can solve it. I really I am very stressed and scared.
Customer: replied 4 months ago.
For my point of you, when we actively started reach out to him purposefully from the 10th of august. We did that because there was very strong uncertainty about our contract that the agency seemed unprepared to reply to and kept on referring that she was actively trying to get in touch with the landlord who was unresponsive. When my flatmate asked her if there is no deadline because we need to look at our options; the letting agent then replied "there is no deadline, you can take however time you want". I then assumed for that reasonWhat my flatmate did behind my back and without me being cc'd in the email back to the agent on the 24th of August. When the agent received my text message on the 24th, she emailed immediately my flatmate on the back of it stating that I had given my notice and that she either needs to cover both herself and my rent or find someone else.
My flatmate (for whatever reasons genuine or malicious) replied on the back of that "We had no intent of leaving the property, please speak only to me and not Rim, we are just really waiting for the landlord's response about the lower rent". I was not cc'd or made aware of that discussion and you can clearly see that because I texted the agent againAt any point this letting agent (who works for the landlord as he owns the letting agency), let me know that I had to give any notice. Even when I called her on the phone last Monday (5th of September 2016) and by text enquiring if they have a proper cleaning agency for me to do a very good cleaning before leaving. She advised me to use whatever we want.It is only the 6th of September that I was made aware when I already made the holding deposit for another property.Many thanks,
Rim
Customer: replied 4 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 4 months ago.
sorry I re-sent my question, thinking it would be sent to another person on the website.Please let me know if you are able to assist. Many thanks,
Rim

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.