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 Jamie-Law Your Own Question
Jamie-Law
Jamie-Law, Solicitor
Category: Property Law
Satisfied Customers: 4705
Experience:  Solicitor
96104960
Type Your Property Law Question Here...
Jamie-Law is online now

I have rented out may apartment on a 2 year short hold

Resolved Question:

I have rented out may apartment on a 2 year short hold tenancy. I need to move back to my apartment, and have asked the person to move out. I asked if they could move out in 4 weeks, but they have advised me that they intend to stay at the apartment for the remainder of the time ( the 2 years contract) They have been living at the apartment for the past 7 months. Can you please advise of my options.
Kind regards,
Hugh Berry
Submitted: 1 year ago.
Category: Property Law
Expert:  Jamie-Law replied 1 year ago.

Hello Hugh my name is ***** ***** I will help you.

Is there a break clause in the contract?

Customer: replied 1 year ago.
Hi Jamie,
There was no break clause in the contract. The full name of the contract is
Assured short hold Tenancy agreement.Kind regards.
Expert:  Jamie-Law replied 1 year ago.

I assume the tenant is not late with rent etc?

Customer: replied 1 year ago.
No the tenement has paid me for a full year upfront, and the next rent is not due until 1st March 2017.
Expert:  Jamie-Law replied 12 months ago.

Its bad news I am afraid, you have signed a legally binding contract. Either the contract must run for the duration of time or it is broken.

If the tenant breaks the contract then you could issue a Section 8 notice and require him/her to leave.

If you break the contract then you would be liable for all the costs of the tenant for moving and any additional rent they have to pay

Sadly unless they break the contract you can not get your property back without significant financial penalty

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?

Customer: replied 12 months ago.
The contract that I signed was to be witnessed. the tenant filled out the whole contract and I signed it. There was no one around to witness my signature, so the tenant took away the contract and got his friend to say that he witnessed my signature.
I have never met the guy who has signed the contract, he was not in my presence when I signed the contract.
Can you please advise if this is a legally binding contract then?Kind regards.
Expert:  Jamie-Law replied 12 months ago.

Yes it is. It does not need to be witnesses. It is enough that both you and he sign it.

I am sorry but I have to be honest.

Can

Expert:  Jamie-Law replied 12 months ago.

Can I clarify anything for you?

Customer: replied 12 months ago.
Ok Thanks for your help.Kind regards.
Expert:  Jamie-Law replied 12 months ago.

Sorry its not better news.

If I could ask you to rate my service before you go today, otherwise the site does not pay me for the time spent with you today. Thank you in advance and good luck!

Jamie-Law and other Property Law Specialists are ready to help you