Landlord-Tenant

Ask a landlord-tenant lawyer and get answers ASAP

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

I am a tenant under a tenancy agreement on an AST basis and…

I am a tenant under...
I am a tenant under a tenancy agreement on an AST basis and am in the a term of 12 months that expires 22 May 2012. My landlord has just given my notice and stated 'under the terms of the AST such notice to expire on the 23rd April 2012. I have checked my agreement and it states 'The Tenancy may be terminated at any time after six months by either party by serving one clear month written notice upon the other such notice to expire on a rent day'. Is this clause consistent with the AST which I thought meant a landlord must give two month's notice? What notice period applies in my situation?
Show More
Show Less
Ask Your Own Landlord-Tenant Question
Answered in 3 minutes by:
3/15/2012
jomo1972
jomo1972, barrister
Category: Landlord-Tenant
Satisfied Customers: 71,525
Experience: Bar Exams, 3 years in practice.
Verified
Is the notice headed S21?
Ask Your Own Landlord-Tenant Question
Customer reply replied 6 years ago
No. It just says Notice to Quit.

Does the fact that there is a clause in the tenancy agreement override the provisions of AST law or is this an unjust clause?
Has he ever served a S21 notice on you?
Ask Your Own Landlord-Tenant Question
Customer reply replied 6 years ago
No.
If he wants to end an AST then he needs to serve a S21 notice upon you so you could challenge that for a start.

However, if your 12 month ASt expires on the 22nd May 2012 then you must be passed the 6 month point. The contract is clear that you can both terminate by giving one clear months' notice.

In short, he has to give you one months' notice on or before the rent date in accordance with the contract as long as you are passed the 6th month point. That is not inconsistent with an AST of itself.

However, to evict you he needs to serve a proper S21 notice.

I'm sorry this isn't the answer you wanted but it is the position that you face and I have a duty to advise you truthfully.

Hope this helps. Please press ACCEPT and then I will answer your follow up questions for free. Your question will not close but I will thereafter provide related information at no extra cost.
jomo1972
jomo1972, barrister
Category: Landlord-Tenant
Satisfied Customers: 71,525
Experience: Bar Exams, 3 years in practice.
Verified
jomo1972 and 87 other Landlord-Tenant Specialists are ready to help you
Ask your own question now
Customer reply replied 6 years ago
Thanks. So basically as I signed a contract that allows the party to give one month's notice I have to confirm to that and can't claim that the agreement's clause is unfair? It seems like I have no option but to move at the end of the month - even though technically I could challenge his notice but he would just reissue it mentioning Section 21. Whenever I have seen notices using HA 1988 Section 21 it has always mentioned two month's notice which is why I am confused.
S21 does normally involve two months but you seem to have agreed to one months' notice.

You could try to argue that its unfair under UCTA but no guarantees could be offered as to your success.

If he hasn't served a S21 anyway though then you will have more than two months notice.
Ask Your Own Landlord-Tenant Question
Customer reply replied 6 years ago
Sorry I'm confused by your last statement. Could you explain?
Not sur what you meant?
Ask Your Own Landlord-Tenant Question
Customer reply replied 6 years ago
What do you mean by "If he hasn't served a S21 anyway though then you will have more than two months notice." How does this apply in my current situation?
He needs to serve a S21 notice before the notice period begins.

Of course, this might comply with the requirements. It doesn't need to say S21. But if it doesn't comply then he will have to serve fresh notice.
Ask Your Own Landlord-Tenant Question
Customer reply replied 6 years ago
So is his letter not a S21 notice? What has his letter done?

The wording of the letter is:

Re: Notice to Quit

On behalf of <landlord>, we serve you notice to vacate the above flat. Under the terms of the AST such notice to expire on the 23rd April 2012.



Is this a S21 notice or not? Or has this just activated the break clause and he then needs to send a S21 notice before the notice period starts?
No, thats not a S21 notice.

He needs to serve a S21 notice upon you giving you notice in accordance with the contract to activate the break clause.
Ask Your Own Landlord-Tenant Question
Customer reply replied 6 years ago
Great thanks for letting me know. So do I then point this out to him or do nothing?

You could point it out to him. If his notice is invalid then he needs to serve fresh notice.

You are free to do nothing though really.
Ask Your Own Landlord-Tenant Question
Customer reply replied 6 years ago
And if I do nothing I assume the landlord will think that they have served the correct notice. He is fairly intimidating and prone to 'bullying'. With a family with a small child, I'd prefer to stay longer in order to get a decent chance of finding a suitable house. If I do nothing, what are the likely next steps?
He will have to apply to the court for a possession order and may find out then that his notice is invalid.

Even if he does not as long as you go when the court orders possession there will be no action he can take.

But if there are arrears then the council may not house you. If you are a private tenant thats no issue.
Ask Your Own Landlord-Tenant Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask jomo1972 Your Own Question
jomo1972
jomo1972
jomo1972, barrister
Category: Landlord-Tenant
Satisfied Customers: 71,525
71,525 Satisfied Customers
Experience: Bar Exams, 3 years in practice.

jomo1972 is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Thomas McJD

Thomas McJD

Lawyer

46 satisfied customers

Landlord-Tenant Law Expert

LegalWiseNC

LegalWiseNC

Attorney

0 satisfied customers

Licensed Attorney in North Carolina.

barristerinky

barristerinky

Attorney

4,430 satisfied customers

Attorney over 17 years, landlord 26 years

Infolawyer

Infolawyer

Attorney

2,264 satisfied customers

Experience representing landlords and tenants.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

1,379 satisfied customers

Licensed in multiple jurisdictions. Experienced Landlord-Tenant attorney.

Ely

Ely

Counselor at Law

1,295 satisfied customers

Attorney

LawTalk

LawTalk

Attorney

1,055 satisfied customers

I have handled Real Estate and Landlord Tenant matters for more than two decades.

< Previous | Next >

Related Landlord-Tenant Questions
Vacating the premises prior to end of lease. I moved out on
Vacating the premises prior to end of lease. I moved out on Saturday June 2 and was told to turn in the key Monday by the assistant Resident manager. On Monday I was told I would owe them 2 months ren… read more
LegalGems
LegalGems
Juris Doctorate
12,707 satisfied customers
I have a property thats being rented but I've decided to
Hello there! I have a property thats being rented but I've decided to sell. Are there ramifications that come with that decision on my part … read more
RobertJDFL
RobertJDFL
Attorney
Juris Doctorate
5 satisfied customers
Is this a legal term in fixed term Rental Agreement: Either
Is this a legal term in fixed term Rental Agreement: Either party may terminate the tenancy by giving written notice to the other at least 30 days prior to the intended termination date, subject to an… read more
MDLaw
MDLaw
Attorney
Post-Doctoral Degree
358 satisfied customers
We currently have a rental property that we need to sell.
Hi there, We currently have a rental property that we need to sell. The lease doesn't expire until April 2016. However the terms of the lease are as follows (see #11): Term 8. The term of the Lease is… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
Topic of the day: when does a rental contract cease to be
Topic of the day: when does a rental contract cease to be valid? I signed a one year rent contract from 4 years ago with a termination date of July 31. 2011. RENEWAL 1: In May 2011 I signed a simple r… read more
MDLaw
MDLaw
Attorney
Post-Doctoral Degree
358 satisfied customers
Hi I am leasing a house in Colorado springs Co. The lease is
Hi I am leasing a house in Colorado springs Co. The lease is in my name only. I rented a room out month to month. The person is very depressed( up and down) weekly. He has said he has had a loaded gun… read more
MDLaw
MDLaw
Attorney
Post-Doctoral Degree
358 satisfied customers
Im a Colorado tenant that has rented the same place for 3
I'm a Colorado tenant that has rented the same place for 3 yrs. Our landlord wants to raise our rent without written notice and now that we requiring due to the law he is wanting to force us to move o… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,441 satisfied customers
Can a landlord in New Jersey require a tenant in a home to
Can a landlord in New Jersey require a tenant in a home to mow the lawn and weed the flower beds and generally maintain the outside of the premises in a neat and clean condition? The lease states that… read more
barristerinky
barristerinky
Attorney
Doctoral Degree
4,430 satisfied customers
I am a tenant in NYC. My lease, which had a term of 1 year,
I am a tenant in NYC. My lease, which had a term of 1 year, expired in March 2013. We continued to pay rent and there was a specific clause in the lease stating that the tenancy would continue as a mo… read more
barristerinky
barristerinky
Attorney
Doctoral Degree
4,430 satisfied customers
Hello, We are trying to renew our rental agreement
Hello, We are trying to renew our rental agreement and our Landlord seems to not be very co-operative. We have a lease; the details are as follows: Location: Mesa, Arizona Rent: $738 Term: 12 months (… read more
barristerinky
barristerinky
Attorney
Doctoral Degree
4,430 satisfied customers
I had signed a rental agreement from July 1st 2001 to july
I had signed a rental agreement from July 1st 2001 to july 1st 2012.... I notified my landlord on 11/27/12 that i was moving out 1/1/13...My landlord is stating that i broke the contract because i did… read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,940 satisfied customers
Can a tenant legally break a lease? I believe that if we gave
Can a tenant legally break a lease? I believe that if we gave a 60 day notice that that should be enough. The landlord wants us to pay for the last month and they keep our last months deposit and secu… read more
MShore Law
MShore Law
Doctoral Degree
1,233 satisfied customers
Hello I have told landlord I was moving, he sent me a typed
Hello I have told landlord I was moving, he sent me a typed letter here is what was said...Per our conversation, today October 12 2012 you stated you will not be signing a lease. Since you are without… read more
barristerinky
barristerinky
Attorney
Doctoral Degree
4,430 satisfied customers
my tennant is 4 months behind in rent i make an agreement with
my tennant is 4 months behind in rent i make an agreement with him that drops his rent by $50 a month for a year with the understanding that he pay $25 a week on back rent and keep his rent current...… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,441 satisfied customers
Hi, Im in San Francisco, California, and have a 6 month
Hi, I''m in San Francisco, California, and have a 6 month lease in an in-law unit. 6 months are coming to an end and the landlord called today saying that we'd need to sign a new lease and the rent wi… read more
kattorney
kattorney
attorney
Doctoral Degree
209 satisfied customers
My lease ends tomorrow. Because of my landlords unwillingness
My lease ends tomorrow. Because of my landlords unwillingness to make repairs in a timely manner or even at all, I am moving. I gave him 30 days notice, both in person in writing, and via certified ma… read more
kattorney
kattorney
attorney
Doctoral Degree
209 satisfied customers
My renters lease ends on January 31, 2012, and automatically
My renter's lease ends on January 31, 2012, and automatically converts to month-to-month thereafter, per the conditions of the lease. They paid rent (per normal) at the beginning of January 2012. On J… read more
Legalease
Legalease
Attorney At Law
Doctor of Law w/ highest honors
15,719 satisfied customers
I have tenants that are chronically late on rent. they have
I have tenants that are chronically late on rent. they have a 2 year lease through June of 2012. Based on the below sections, I need to know if I can terminate the rental agreement if they are late ag… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x