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GabrielP428
GabrielP428, Solicitor
Category: Property Law
Satisfied Customers: 334
Experience:  Expert
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I have been giving two months notice on my flat due to a

Customer Question

I have been giving two months notice on my flat due to a mysterious clause on my landlady’s buy-to-let mortgage that means she can’t rent to the same person for more than three years. The previous tenant was in the property for 10 years and this clause is not in yje **the contract My question is, do I have grounds to demand proof of the clause?
JA: Because laws vary from place to place, can you tell me where the property is located?
Customer: Barnet, Hertfordshire
JA: Has anything been filed or reported?
Customer: my contract says nothing of the clause and the landlady has been very vague with the letting agent.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Not that I can think of.
Submitted: 19 days ago.
Category: Property Law
Expert:  GabrielP428 replied 19 days ago.
Hello and thank you for your question. My name is ***** ***** I will be very pleased to assist you. I am sorry to hear about your problem.  I'm a practising lawyer in England with 9 years experience and worked in the legal sector since 2008. Please be aware that although I will endeavour to reply to you promptly, may not be available to respond immediately. The site will notify you as soon as I respond. I look forward to working with you to answer your question fully. Please note I can guide you, just answer does not provide legal representation as such no legal client/ lawyer relationship is formed.If you would like a call to discuss this further, please let me know
Customer: replied 19 days ago.
Thank you for getting back to me. I just want to know if I ask, legally, demand proof of this clause that is forcing me and my two children to up and move with such little notice.
Expert:  GabrielP428 replied 19 days ago.
Hi, is the clause also in the tenancy agreement?
Customer: replied 19 days ago.
No, it’s not. And it wasn't relayed to me verbally either. When the landlady showed me round the property she told me that the tenant before me was there for 10 years.
Expert:  GabrielP428 replied 19 days ago.
If the clause is not in the tenancy agreement, it will not be binding on you. 

She can still use section 21 to evacuate you if you on a rolling contract (periodic tenancy).

She will not be able to use Section 21 notice is she is in breach of one of the 'prescribed requirements'. One of the prescribed requirements is that the landlord must serve a gas safety certificate on a tenant.

A section 21 notice is not valid if the landlord:

  • did not serve the notice correctly
  • did not follow the tenancy deposit rules
  • failed to provide an energy performance certificate (EPC) or gas safety certificate
  • failed to provide the How to Rent guide
  • served the notice after a complaint about the property (retaliatory eviction)
  • Failed to maintain his repair obligations
Customer: replied 19 days ago.
She isn’t in breach of any of the above so I can still be served notice under a rolling tenancy? If the thing with the clause isn’t binding and my rolling contract is up in July can I insist that she goes down that route instead and serve the stipulated notice of three months?
Expert:  GabrielP428 replied 19 days ago.
You can still be served s.21 notice under a rolling contract. If the notice requirement under the tenancy agreement is three months, she will need to serve three months' notice.
Customer: replied 19 days ago.
Thank you very much. This has really helped.
Expert:  GabrielP428 replied 19 days ago.

Thank you so much for using Just Answer. If you have further questions, please do feel free to ask them in this thread.

If you have other legal questions in the future, you can open a new thread and mark it for my attention (GabrielP428), or you can choose me in the subject heading as your preferred expert from your membership page.

Best regards

Gabriel