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Joshua
Joshua, Lawyer
Category: UK Law
Satisfied Customers: 25358
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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I have leased my property to Genesis H A and need it back as

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I have leased my property to Genesis H A and need it back as I will be homeless myself in a month, due to my daughter in law selling the property I am living in. It was transferred to this HA under contract terms from newlon HA. I knew nothing of this until I didn't receive rent 1st month.
I have written notice to Genesis but they say I cant have my flat back at the earliest Dec 2014.
My husband is a sick senior. Please help im desperate

Joshua :

Thanks for your question. Please kindly RATE my answer when you are satisfied

Joshua :

When was the property originally rented to Newlon please and for what term?

Joshua :

Has Newlon been acquired by Genesis or has Newlon simply transferred the tenancy to Genesis?

Joshua :

Is there are restriction on assignment of the tenancy in the tenancy agreement?

Customer:

3 year lease started on 10th September 2012

Customer:

transferred , I was not informed

Customer:

No apparently they can transfer under terms

Joshua :

Thanks. Have you seen a copy of the tenancy and it specifically gives them the right to assign the tenancy?

Customer:

No

Joshua :

Thanks. The position here is that if you have granted a three year lease subject as follows you cannot unilaterally claim back possession of the property. You can negotiate with the HA and they may be prepared to surrender the tenancy for an amount of compensation paid by you to them but they are under no obligation to do so subject as follows

Joshua :

You may have rights to end the tenancy early however as follows. The first step is to obtain a copy of the tenancy if you do not have a copy yourself.

Customer:

I have a copy

Joshua :

Thanks. Consider reading the tenancy through. You are looking for a right of assignment on the part of the Housing Association. If the original HA do not have a right to assign the tenancy then they are in breach of tenancy in assigning the same to another HA and you can seek possession under this ground. A right of assignment will read something along the lines of "the Tenant shall have a right to assign the tenancy with / without the consent of the Landlord".

Joshua :

The other approach is to look for a break clause. This is a clause in the tenancy that gives one party or another the right to break the tenancy at set periods in the term.

Customer:

I cannot find anything saying right to assignment

Joshua :

A break clause may read something along the lines of "The Landlord shall have a right after xx months of the tenancy to serve xx months notice on the Tenant of his wish to Terminate the Agreement." If there is a break clause you can exercise the break provision to end the tenancy by serving notice in line with the break provision.

Customer:

it says its 2 years 4months with 8 months notice well that's the 3 year contract so no break clause in real terms

Joshua :

If that is the only break provision as you say it is not a helpful break at all. You must remember to serve notice 8 months before the end of the term as the term will continue until such time as you serve the notice.

Customer:

Thanks Joshua, Sadly homelessness here I come.

Joshua :

Do check the agreement to see if there is a provision restricting their right to assign. Is there a provision that states that the landlord may not assign the contract without the landlords consent?

Customer:

ok thanks ill take another good look at contract.

Customer:

Have a good day

Customer:

Janet

Joshua and 4 other UK Law Specialists are ready to help you