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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Property Law
Satisfied Customers: 6405
Experience:  English solicitor with over 12 years experience
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My tenant and I signed an Assured Shorthand Tenancy, 19

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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 2 months 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 2 months 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 2 months 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 2 months 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 2 months 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 3 other Property Law Specialists are ready to help you
Customer: replied 2 months ago.
I paid £5 on 13 Sept as a 'Trial' to JustAnswer in good faith to get an answer to my question about my End of Tenancy rights. After getting a response, I thought this was resolved as my tenant stopped insisting on one month's notice. Now, on checking my credit card statement, I see that JustAnswer has taken advantage of me (as you have my credit card details), and has taken an unauthorised amount of £40 on 23 Sept for an unauthorised 'Membership'. This is most unfair and, as I was not asked about it or agree to such a 'Membership', I ask you to refund me this amount at once. The matter had already been resolved and I was not requesting any more advice nor did I have any further contact with JustAnswer that could have been construed as such. Please refund me the amount of £40. Yours Mrs Hart. Tel.(###) ###-####1525

Please contact customer support as I am an independent expert with no control over subscriptions and payments.

Customer: replied 2 months ago.
Thank you. Is Customer Service on 0808(###) ###-####

I see this number: 0***-***-****

All the best

Customer: replied 2 months ago.
that dept has sorted it and will refund me the unauthorised payment, thanks.

You are welcome.