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Aston Lawyer
Aston Lawyer, Property Solicitor
Category: UK Property Law
Satisfied Customers: 9048
Experience:  LLB(HONS) 20 years of experience in dealing with Conveyancing and Property Law
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I will be very grateful for your help in this matter. My landlord

Resolved Question:

I will be very grateful for your help in this matter. My landlord increased my rent by �200/mth. I told him we could not afford it and so he gave us a notice to vacate the property. He served us notice on the 28th of June to leave on the 26th of. July. We have not yet found somewhere despite our very best efforts. We have asked him to give us more time, but he has bluntly refused, and lied that his wife if expecting and he needs to move into the property. Please can you advice me? All the house in the area will be available to move into in August. I see somewhere in my agreement that he has to give us two months clear notice to vacate anytime after the initial 6mnth break period. Your advice will be greatly appreciated. Amara
Submitted: 1 year ago.
Category: UK Property Law
Expert:  Aston Lawyer replied 1 year ago.

 

Hi Amara,

 

Thanks for your enquiry.

 

To enable me to answer you fully, could you please confirm the length of your Tenancy? When did it start and when is it due to finish and on what day of the month do you pay the rent.

 

You mention that there is a break clause- I take it that the 6 month period has expired?

 

I look forward to hearing from you.

 

Kind Regards

AL

 

 

Customer: replied 1 year ago.
Hi there,
The tenancy started on the 4th of May 2012, so the 6month break period has ended. It is a 12month term. The tenancy agreement states 4th May 2012 to and including 3rd May 2013.
The rent of £1100 leaves my account on the 1st of every month and we have never ever defaulted in payment.
Please let me know if you require further details.
Thanks,

Amara
Expert:  Aston Lawyer replied 1 year ago.

 

Hi,

 

Thanks for your reply.

 

As the fixed term has expired, your Tenancy continues upon the same terms and the same rent, until either party serves Notice.

 

In these circumstances, even if the Tenancy agreement says otherwise, a Landlord has to give the Tenant 2 months Notice, such notice to expire on the day before the rent is payable.

 

Therefore, your Landlord has given you an invalid Notice in that it was only 1 month's Notice AND it should have expired on 31st July.

 

He is therefore under a duty to serve a further correct Notice on you, before you are legally obliged the property. Until this correct Notice expires, you are entitled to remain in the property and he can NOT increase the rent.

 

To comply with the law, your Landlord therefore has to give you Notice anytime before 31st July, giving you Notice to leave on 31st September.

 

If you yourself wished to end the Tenancy before this date, you could serve Notice yourself on the Landlord, at any time before 31st July, to leave on 31st August (a Tenant need give only 1 month's Notice to their Landlord after the fixed period has expired.

 

I hope this sets out the law and answers your question. If so, I would be grateful if you could leave positive feedback.

 

Kind Regards

AL

Aston Lawyer, Property Solicitor
Category: UK Property Law
Satisfied Customers: 9048
Experience: LLB(HONS) 20 years of experience in dealing with Conveyancing and Property Law
Aston Lawyer and 5 other UK Property Law Specialists are ready to help you
Expert:  Aston Lawyer replied 1 year ago.
Hi Amara,

Hope all is OK with you.

Please feel free to get back in touch if you need any further help on your Tenancy.

Kind Regards
AL

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