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.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask UKSolicitorJA Your Own Question
UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Property Law
Satisfied Customers: 5838
Experience:  English solicitor with over 12 years experience
62162956
Type Your Property Law Question Here...
UKSolicitorJA is online now

My tenant and I signed an Assured Shorthand Tenancy, 19

This answer was rated:

My tenant and I signed an Assured Shorthand Tenancy, 19 August 2017 which has 'rolled over' to become a Periodic Assured Shorthold tenancy. 'Once the initial Twelve Month Term expires then the Landlord must once the initial Twelve month Term expires and the tenancy 'rolls over' to become a Periodic Assured Shorthold Tenancy, then the Landlord must give two calendar months written notice if he requires possession or the Tenant must give two calendar months written notice if he wishes to terminate the tenancy. .
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: Once the initial Twelve month Term expires and the tenancy 'rolls over' to The T.A. we signed says 'Once the Twelve Month Term expires and the tenancy becomes a Periodic Assured Shorthold Tenancy, then the Landlord must give two calendar months written notice if he requires possession or the Tenant must give two calendar months written notice if he wishes to terminate the tenancy. My tenant wants to ignore the TA we signed and says that by law she only needs to give maximum one months notice... That is the problem.
JA: Have you talked to a lawyer about this?
Customer: No
JA: Anything else you want the lawyer to know before I connect you?
Customer: Is there anything else for me to consider, Pearl?
Customer: replied 6 days ago.
Have you got an answer for me: is the tenant is right and she can end the tenancy early with one month's notice or have I the law on my side and can insist on two month's notice as in the Tenancy Agreement we both signed and rent paid up till the end of the two month period?
Customer: replied 6 days ago.
I am looking for your response on this page, I do not want a message by phone. Referring to the terms of the contract that we signed, as above, if she doesn't like it and has the right to take it to court for a judgement of whether it is an unfair term or not, is she like to win?
Customer: replied 6 days ago.
I paid £5 for my membership and I am still waiting for a response.

Hello,

In your case, you have a contractual periodic tenancy and the notice period was agreed in the original AST agreement.

You may therefore insist on your tenant giving 2 months notice as per the contract.

Your tenant may be confusing the tenancy with a statutory periodic tenancy where only one month's notice is required.

May I help further? If not, please click on 5 stars

Customer: replied 6 days ago.
Thank you for clarifying that I can insist on her obligation to pay me rent up till the expiry of two month's notice. However I have a problem in that my tenant says she will be abroad, back home in Cyprus, by the time (maybe even before the time) that only one month's notice has expired... She may start to get difficult, leave early and refuse to pay up to the end of even one month's notice. Meantime I am taking the sensible path to actively search for a new tenant.

Noted, yes that would be sensible and you may wish to accept the one month's notice and leave it at that.

Please leave a positive rating so that I am credited for my help. Thank you

Customer: replied 6 days ago.
Please can you advise me how best to proceed if my tenant gets difficult, as outlined above, and refuses to pay the rent due up to the time of expiry of two months or even one month's notice (assuming I haven't by then found a new tenant). Thank you very much for your help.

Please leave a positive rating for the answers given.

I will then answer your last question.

Thank you.

UKSolicitorJA and other Property Law Specialists are ready to help you