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tennant rights during assured shorthold
Comments
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The break clause may or may not be valid, it's hard to be sure. They can be enforceable, but the drafting sounds like it is poor.
However, she can definitely refuse the viewings. No viewings = no sale. If the LL truly can't afford to leave the property empty as you say then they can't afford to evict either.
It may be worth calling their bluff if negotiation doesn't work, because it's the only way she won't be 'voluntarily' homeless if she wants council help.0 -
Your sister should tell her landlord to serve a Sec 21, and gain possession that way, as the council will only rehouse her that way.
Your sister then gets what she wants, and the landlord gets what they want.
Being a prat about it helps no one, so please be mindful of what she wants to achieve before taking the advice of the members of this forum who continually advocate being adversarial.
If the court doesn't go with the "break clause", then your sister can pass the blame, whilst keeping a cordial relationship with the landlord.Well life is harsh, hug me don't reject me.0 -
jjlandlord wrote: »What do you think "tenancy can be ended with 2 months notice" mean, exactly?
I think it means at the end of the tenancy as per the housing act 1988. It dosent say at any time during the tenancy or at the landlirds discression0 -
Your sister should tell her landlord to serve a Sec 21, and gain possession that way, as the council will only rehouse her that way.
Your sister then gets what she wants, and the landlord gets what they want.
Being a prat about it helps no one, so please be mindful of what she wants to achieve before taking the advice of the members of this forum who continually advocate being adversarial.
If the court doesn't go with the "break clause", then your sister can pass the blame, whilst keeping a cordial relationship with the landlord.
Exactly. It would be preferable for her to move as she can be closer to us her family to help with the kids when shes working etc. But as i said the landlord is saying they wont issue a notice until they sell. Which is down right greed. Why should my sister help her out showing the house. So it can be sold and her given 2 months to find somewhere. The council have looked at her vontract and basicalky said that as its the 3rd time she has signed a contract with this ll they can issue notice at any time? Not too sure about that as whats the point in a 12 month contract at all if they can boot you out whenevr with 2 months notice?
My advice to her today was to ask her ll for the section 21 notice. If the house sells my sister is already served with notice and has a better chance with the council. If it dosent sell she stays until it does and both parties are still happy as the rent will be paid and my sister is past her notice period. Then offer the alternative. My sister stays in refuses any viewings and waits for court action to removd her and possibly cause alot of hassle for the ll. All opions make sense for my sister only one makes sense for the ll and that is to serve her notice. Whether the ll can afford her mortgage with no tennant isnt my sisters problem. My sister has herself and her 2 kids to think about.0 -
I think it means at the end of the tenancy as per the housing act 1988. It dosent say at any time during the tenancy or at the landlirds discression
Well that's key, isn't it?
If there is a clause that says that "tenancy can be ended with 2 months notice" then it means at the landlord's discretion.0 -
No i wouldnt say so. If that was the case it would need to be deacribed as a term outside the housing act and be a break clause specifically and be specific in when and how it can be enforced. You cant just put a simple sentence that is open to interpretation in a legal document. Id hazard a guess that a court wouldnt see it through a landlords eyes either. I read it to be a re itteration of the housing act.....as 90% of the contract is also. That a 2 month notice needs to be given if you intend not to renew after the 12 months fixed term.
Also im not the best speller but the contract has multiple spelling errors. Looks like it was written by a numpty.0 -
No i wouldnt say so. If that was the case it would need to be deacribed as a term outside the housing act and be a break clause specifically and be specific in when and how it can be enforced. You cant just put a simple sentence that is open to interpretation in a legal document.
It is not open to interpretation. It is a clear break clause, and has nothing to do with Housing Act.0 -
I dont see how you can see that as a break clause?? All other points before it in the contract are just re affirming point for point the housing act 1988 word for word. This is also re affirming a point. Its open to interpretation as it does not state at what point in the tenancy this can be implemented. Which it would have to otherwise statutary rights would apply. Even if it were a break clause she cant be given notice until 6 months into this agreement. She is only 3 months in. Im assuming your a landlord due to your name so i cant expect you to have an unbiased view on this. Maybe your signature should read blunt but biased. Your posts always seem to be that of a landlords view and therefore i take with a pinch of salt. Had you read the agreement for yourself then maybe i could take your side of the argument on board.0
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I dont see how you can see that as a break clause??
It defines how to end the (fixed term) tenancy...it does not state at what point in the tenancy this can be implemented
That means anytime.Even if it were a break clause she cant be given notice until 6 months into this agreement.
No, notice can be given and take effect anytime if the clause so provides.
Now, of course, possession through s.21 of the HA 1988 cannot be granted before the first 6 months of the tenant being at the property have elapsed.
That's perhaps what you have in mind.Maybe your signature should read blunt but biased.
If I write something that you do not want to read it does not mean that I am biased.0 -
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