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senior partner, Solicitor
Category: UK Property Law
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Experience:  30 years commercial law
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Ive been a tenant in the same property for over 4 years and am now on a month to mon

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I've been a tenant in the same property for over 4 years and am now on a month to month notice period. My landlord raised the rent in March but the tenancy agreement wasn't changed. She is now applying for a mortgage for another property and wants to show my rent as income except the lending company won't accept the tenancy agreement as the amount is wrong. To meet her needs (not mine), the agent has to prepare a new tenancy agreement for me and therefore I am back on 6 months notice which is not acceptable. The landlord has promised that she will write a letter stating that she will honour the current 1 month notice period but I'd like to know if that's remotely even legal. I'd like to be able to accommodate her needs (mortgage filing) but not to my determinant. Please advise.
Submitted: 1 year ago.
Category: UK Property Law
Expert:  senior partner replied 1 year ago.
Thank you for your question. I have two comments about this. First there is no reason why you should be expected to sign up to another 6 months. A side letter probably does not override a lease but secondly what she is trying to do is a fraud on her mortgage company and you should not get involved. She is trying to get a mortgage on the basis that she has a secure tenant when it is not true. If she offers you 6 months at a reduced rate that might be a benefit to you and worth doing. Otherwise I would refuse.
Customer: replied 1 year ago.

thanks. felt a little self serving when she suggested it


 


when you said "A side letter probably does not override a lease" could you be more definitive? Probably is a little open ended.


 


thanks


 


 

Expert:  senior partner replied 1 year ago.
Hi thanks for the response, the answer is not black and white -If your tenancy is simply an agreement that is signed then the side letter if signed by the same person and if written in exactly the correct terms might vary the signed tenancy but if the tenancy is executed as as a deed then it will not. It is a recipe for dispute anyway - if the landlord tried to hold you to the 6 months and you then claimed to rely on the side letter , a court would want an explanation as to why you signed a 6 month agreement with a side letter. It only makes sense if one party is trying to conceal something.
senior partner, Solicitor
Category: UK Property Law
Satisfied Customers: 13247
Experience: 30 years commercial law
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