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Jamie-Law
Jamie-Law, Solicitor
Category: Property Law
Satisfied Customers: 2568
Experience:  Solicitor
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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: 6 months ago.
Category: Property Law
Expert:  Jamie-Law replied 6 months ago.

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

Is there a break clause in the contract?

Customer: replied 6 months 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 6 months ago.

I assume the tenant is not late with rent etc?

Customer: replied 6 months 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 5 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 5 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 5 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 5 months ago.

Can I clarify anything for you?

Customer: replied 5 months ago.
Ok Thanks for your help.Kind regards.
Expert:  Jamie-Law replied 5 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, Solicitor
Category: Property Law
Satisfied Customers: 2568
Experience: Solicitor
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