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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Property Law
Satisfied Customers: 6398
Experience:  English solicitor with over 12 years experience
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I have been in house for over 6 months on a short term

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I have been in house for over 6 months on a short term contract, this was with a view to have a 12 month or longer term, landlord has now about turned and only on a month to month basis as she stated she has lost confidence in us because our first month payment was 4 days late (2days weekend) we have been asking for safety cert from her all this time, she stated she emailed it out. we were keen to get one as the one we had when we moved in suggested it was in a unworthy condition we have been asking for repairs to broken window frame and during this cold weather our girls bedroom is cold. I withheld this months rent in order to try and get a positive response.. she did instructed estate agents to issue us with notice to quit
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: it was only today
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: there is quite of lot of things but that should start us off?

Hello,

 

Please upload a copy of your agreement.

Customer: replied 5 days ago.
we only have a copy of the original contract which has now expired, we were due to re sign for another 6 months but this has not transpired

In that case, your tenancy becomes a statutory periodic tenancy from month to month.

 

However, you cannot be evicted without a possession order from the court, a notice to vacate the property is not sufficient as you are protected from eviction under the Protection from Eviction Act 1977.

 

You may check this with the housing department of your local authority.

 

May I help further?

 

Customer: replied 5 days ago.
i did believe that the new law of june 2019 instructed landlords to have issued gas safety certificate no later than 28 days after tenancy commences otherwise they will be in breach of contract? i was reading a case where judge refused to grant eviction because of this? also we withheld rent this month to force landlord to acknowledge the repairs outstanding. would we have a case to defend if we went to court?

Yes, you must be given a gas safe certificate within 28 days otherwise a court would not grant a possession order evicting you.

 

yes, you have a case.

 

Please click on 5 stars

Customer: replied 5 days ago.
many thanks i will do, just a quick question before i go, they have only issued a cert today with the notice to quit will that be seen to be correct??

No, too late for that.

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