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Hi, my girlfriend s landlord has today served her with notice…

Customer Question
Hi, my girlfriend?s landlord has...
Hi, my girlfriend?s landlord has today served her with notice to leave the property. Her shorthold tenancy agreement ended some time ago and for the last eight months (at least) she has paid her rent regularly via direct debit on the 24th of each month. So, on returning home tonight he issued her with a letter asking her to leave on the 24th June (a week on Friday!).
My question is ? (a) can he do this? (b) what are her rights? As I understand it he has to give 2 months from the 24th?
Also, she is concerned about him removing her processions from her room and the garage. He has access to the property as he also lives I the house.
Thanks, Julian
Submitted: 8 years ago.Category: UK Property Law
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Answered in 4 minutes by:
6/16/2010
Solicitor: Jo C., Barrister replied 8 years ago
Jo C.
Jo C., Barrister
Category: UK Property Law
Satisfied Customers: 71,536
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Hi

 

Is this an assured shorthold tenancy?

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Customer reply replied 8 years ago
She had a 1 year contract....
Solicitor: Jo C., Barrister replied 8 years ago

 

OK. So is it an assured shorthold tenancy? Or do you just not know?

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Customer reply replied 8 years ago
Well, I've just called her and it doesn't actually say that on the paperwork... so I guess no. The docment says 'licence agreement for lodger England and Wales'.
Solicitor: Jo C., Barrister replied 8 years ago

OK. It would make a critcial difference what type of contract she is on.

 

If she is on an AST then he cannot do that. He can only give 2 months notice before the end of the 12 months - e.g at 10 months.

 

If she is on a monthly periodic tenancy agreement then he needs only give a period of notice commensurate with the rental term - so if she pays rent monthly he would need to give one months notice.

 

If this is an AST then he would need a court order to break the terms. Usually those agreements are entitled ASTs at the top of the document.

Jo C.
Jo C., Barrister
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Customer reply replied 8 years ago
Hi, thanks - she has no contract at all at present (as i said, it expired 8 months ago). So, can he still do what he is doing...? Legally, is she still entitled to a month notice...? Cheers, J
Solicitor: Jo C., Barrister replied 8 years ago
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