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INC Law
INC Law, Solicitor-Advocate
Category: Law
Satisfied Customers: 14301
Experience:  LL.B, LPC, LL.M, Pg.Dip, Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
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It’s a question relating to a tenancy dispute? I had a

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Hi there it’s a question relating to a tenancy dispute?
JA: What steps have been taken so far? Has any paperwork been prepared or filed?
Customer: I had a private fixed tendency for 12 months, that expired on the 8th Feb just gone, in that contract it states 3 months notice. It has no passed I’ve handed my not d in but my landlord is saying it’s still 3 months required? I’m under the impression it’s gone to statutory rolling which is one month he claims it’s contractural rolling and still counts
JA: Where is the property located?
Customer: Retford notts
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I spoke to citizens advice they said one month was fine and signposted me to the shelter website. I’ve just been to a drop in solicitors in town but there’s a conflict of interest within
Customer: replied 15 days ago.
I attach a shot from my tenancy
Customer: replied 15 days ago.
The contract ended on the 8th this was fixed term. He never contacted me about renewal. I’ve formally via email Put my one months notice in. Citizens advice said the contract had been amended and wasn’t a standard template and there were errors in it. They said it has gone to statutory periodic the landlord disputes this and says that it’s still 3 months I’m responsible for as there is a break clause? I can’t see a course just a brief worded sentence in the shot above. There are numerous health and safety issues too with the property but he’s now trying to play dirty and fought legal too

Hi,

Thank you for your query. What exactly is your question in relation to this?

Many thanks

Customer: replied 15 days ago.
Whether I still have to give 3 months notice to end the tenancy even though the fixed term contract has ended. Or is one month sufficient
Customer: replied 15 days ago.
In the screenshot it says if know new arrangement is made it goes to rolling? He says it’s still under contract terms
Customer: replied 15 days ago.
Can you not help via text I can’t afford to call?
Customer: replied 15 days ago.
Hello???

Please ignore the call request, it is automatic through the site

Customer: replied 15 days ago.
Okay so what happens now?
Customer: replied 15 days ago.
Can you give advice? If not how much am I getting charged I’ve never used such a site

Hi,

I cannot see where you need to give 3 months notice if it is a periodic.

It states that you have to give 3 months notic eif you do not wish the tenancy to renew.

Therefore, I am of the opinion that you are able to give 1 months notice

I hope this answers your questions. If so, kindly rate the answer and provide feedback.

If you have any further questions, please do not hesitate to ask.

Many thanks

Customer: replied 15 days ago.
The query is that if know new fixed agreement is arranged it goes rolling but he’s saying it’s contract bound to 3 months still
Customer: replied 15 days ago.
It states in this shot that 3 months notice is required to end the tenancy. The fixed contract expired on the 8th. He’s saying that now it is rolling month by month that I still am bound to give 3 months as he has put a break clause to state that 3 months is still required when it goes to rolling
Customer: replied 15 days ago.
See highlighted

Hi,

It states that the tenant must give 3 months notice of the intention not to renew the tenancy.

Therefore, it becomes s periodic and you are able to give 1 months notice.

I hope this answers your questions. If so, kindly rate the answer and provide feedback.

if you have any further questions, please do not hesitate to ask.

many thanks

Customer: replied 15 days ago.
Okay thank you, so it can’t go to a contractural periodic as he states? He says the contract terms ie 3 months are still required despite no new contract in place?

Hi,

It becomes a periodic and under a periodic you can give 1 months notice.

I hope this answers your questions. If so, kindly rate the answer and provide feedback.

if you have any further questions, please do not hesitate to ask.

many thanks

Customer: replied 15 days ago.
What if it states that when the said contract expires and it goes monthly agreement but is still subject to all the terms and conditions of the original 12 month contract which states 3 months minimum? I’m confused sorry I need to be sure where I stand

Hi,

I do not believe this can be enforced. The other terms of the agreement still stand but he cannot enforce the 3 months notic period as it is a periodic tenancy with same terms as the previous tenancy as for obligations and rent.

You can serve 1 months notice and leave.

As I have answered your original question, kindly rate the answer and provide feedback.

Your question will not close and I will be happy to answer any follow up questions.

many thanks

Customer: replied 15 days ago.
Okay thanks

It's a pleasure.

Kindly rate the answer and provide feedback.

Many thanks

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