Yahoo! Real Estate. My UK Landlord Wants To End My Tenancy- Can He Do It?
Yahoo! Real Estate. I Have A One Year London Shorthold, With An Option To Renew For Second Year, And It Says 'the Landlord Shall Not Unreasonably Wit
Yahoo Real Estate : My UK Landlord Wants To End My Tenancy Can He Do It
I have a one year London shorthold, with an option to renew for second year, and it says 'the landlord shall not unreasonably withold consent' to an extension. I have been refused consent because he wants to put the flat on the market, and" 'it is easier to sell a vacant flat". Are these reaosnable grounds to refuse consent? Answers from legal experts only please! ~~~ ritzyrocky ~~~
Best Answer To Yahoo Real Estate Question
Secure Tenancy The vast majority of council tenants, and housing associations tenants whose tenancies began before 15 January 1989, are secure tenants. They have a range of additional rights, covered in the Housing Act 1985. Assured Tenancy Since January 1989 all new tenants of housing associations are assured tenants. Their rights are fewer and different from secure tenants. Assured tenants have security of tenure. Our web guide to Tenantsa€™ Rights has more information about the rights of Secure and Assured tenants. Assured Shorthold Tenancy Assured shorthold tenancies give the tenant the right to occupy a property for a fixed period of time. At the end of this period (often 6 or 12 months), the landlord or the tenant has the right to terminate the tenancy. Ending a Tenancy Agreement If, at any time, either party wish to end the tenancy, they must give written notice to the other party that this is the case. How much notice tenants need to give will be set out in the tenancy agreement. Assured Shorthold Tenancies will come to an end on the date agreed in the terms of the tenancy agreement. Assured Shorthold Tenancies can be extended beyond this date if both parties agree to this. Breaking the Terms of the Tenancy Agreement If a tenant breaks the terms of their tenancy agreement it could lead to eviction by their landlord, as they have broken a legally binding contract. Also, there are several cases in which landlords can claim possession of a property. For example, non-payment of rent or subletting without the landlorda€™s permission. If a landlord breaks the terms of a tenancy agreement, they have also broken the law. In the event of this happening, local authority and housing association tenants should complain, using their landlorda€™s official complaints procedure. If this does not solve the problem, they may be able to get the Ombudsman involved. Local authority tenants should contact the Local Government Ombudsman, while housing association tenants should contact the Housing Ombudsman Service. If a private landlord breaks the terms of the tenancy agreement, the tenant should seek advice from a Citizensa€™ Advice Bureaux or Local Law Centre. Starter / Introductory Tenancies New tenants may be given Introductory tenancies (local authority) or Starter Tenancies (housing association). Introductory tenancies last for one year and do not grant security of tenure or the Right to Buy to the tenant. Starter Tenancies are Assured Shorthold Tenancies. Starter and Introductory tenancies allow the landlord to give new tenants a a€˜trial tenancya€™. If the tenant does not breach the terms of the tenancy agreement during this trial period (. keeps up to date with rent payments, does not commit acts of anti social behaviour etc), then their tenancy will become Secure (local authority) or full Assured (housing association). Further Information Information Sheets Anti-Social Behaviour Anti-Social Behaviour Act Secure Assured Tenancies Reading Lists Anti Social Behaviour Anti Social Behaviour Act Tenantsa€™ Rights Web Links Assured and Assured Shorthold Tenancies: A Guide for Tenants (DCLG) .uk/?id=1151918 Citizensa€™ Advice Bureaux Housing Page .uk/index/family_parent/ .uk
All Answers To Yahoo Real Estate Questions
Answer 1That term unreasonable is open to opinion and is a bit vague Sorry not a legal expert but my opinion
Answer 2yes
Answer 3Once your tenancy agreement ends it is up to the landlord whether he wants to renew it. If he wants to sell the flat I would say that is reasonable grounds as he will be unlikely to get a good price for a flat with a tenant. Sorry but you had better start looking for a new home!
Answer 4Yeah - 'fraid so - because its a shorthold tenancy - you have no protection from eviction at all. His choice as to whether you remain as a tenant. The fact that he now wishes to sell and will obtain more money for it with vacant possession is neither here nor there as far as you are concerned. Once the term has expired, if the Landlord determines not to renew your tenancy then you'll have to move out and find somewhere else to live
Answer 5For heaven's sake ! It's his flat, If he wants it back after your contract has expired, he should be entitled to !
Answer 6nothing you can do..its happened to me twice in the past...
Answer 7Once your tenancy agreement ends it is up to the landlord whether he wants to renew it. If he wants to sell the flat I would say that is reasonable grounds as he will be unlikely to get a good price for a flat with a tenant
Answer 8Secure Tenancy The vast majority of council tenants, and housing associations tenants whose tenancies began before 15 January 1989, are secure tenants. They have a range of additional rights, covered in the Housing Act 1985. Assured Tenancy Since January 1989 all new tenants of housing associations are assured tenants. Their rights are fewer and different from secure tenants. Assured tenants have security of tenure. Our web guide to Tenantsa€™ Rights has more information about the rights of Secure and Assured tenants. Assured Shorthold Tenancy Assured shorthold tenancies give the tenant the right to occupy a property for a fixed period of time. At the end of this period (often 6 or 12 months), the landlord or the tenant has the right to terminate the tenancy. Ending a Tenancy Agreement If, at any time, either party wish to end the tenancy, they must give written notice to the other party that this is the case. How much notice tenants need to give will be set out in the tenancy agreement. Assured Shorthold Tenancies will come to an end on the date agreed in the terms of the tenancy agreement. Assured Shorthold Tenancies can be extended beyond this date if both parties agree to this. Breaking the Terms of the Tenancy Agreement If a tenant breaks the terms of their tenancy agreement it could lead to eviction by their landlord, as they have broken a legally binding contract. Also, there are several cases in which landlords can claim possession of a property. For example, non-payment of rent or subletting without the landlorda€™s permission. If a landlord breaks the terms of a tenancy agreement, they have also broken the law. In the event of this happening, local authority and housing association tenants should complain, using their landlorda€™s official complaints procedure. If this does not solve the problem, they may be able to get the Ombudsman involved. Local authority tenants should contact the Local Government Ombudsman, while housing association tenants should contact the Housing Ombudsman Service. If a private landlord breaks the terms of the tenancy agreement, the tenant should seek advice from a Citizensa€™ Advice Bureaux or Local Law Centre. Starter / Introductory Tenancies New tenants may be given Introductory tenancies (local authority) or Starter Tenancies (housing association). Introductory tenancies last for one year and do not grant security of tenure or the Right to Buy to the tenant. Starter Tenancies are Assured Shorthold Tenancies. Starter and Introductory tenancies allow the landlord to give new tenants a a€˜trial tenancya€™. If the tenant does not breach the terms of the tenancy agreement during this trial period (. keeps up to date with rent payments, does not commit acts of anti social behaviour etc), then their tenancy will become Secure (local authority) or full Assured (housing association). Further Information Information Sheets Anti-Social Behaviour Anti-Social Behaviour Act Secure Assured Tenancies Reading Lists Anti Social Behaviour Anti Social Behaviour Act Tenantsa€™ Rights Web Links Assured and Assured Shorthold Tenancies: A Guide for Tenants (DCLG) .uk/?id=1151918 Citizensa€™ Advice Bureaux Housing Page .uk/index/family_parent/ .uk
Answer 9Do you have Cardboard boxes ...you best start asking the Super Market! sorry i know that is cruel! yes he is entitle to do that ...as long as he has given you prior notification. Also make sure you don't have to replace any items or if anything was damaged? So this way you can get your full deposit back! Happy House Hunting! I've provided a decent link ...if that might be helpful for you?
Answer 10I'm affraid that is a reasonable reason to refuse consent. It is easier to sell a vacant flat because of viewing arrangements for potential purchasers and if the vendor wants to spruce the place up ready for it to go on the market. Anyway, you dont want to be there while people are viewing, its a pain! Put yourself in your landlords shoes.
Answer 11If you want legal experts then there's no point in asking on here. Go talk to a lawyer, or if you want a free service talk to the Citizen's Advice Bureau (.uk/index/#searchbox). Although I am not a legal expert, I do know a bit about tenancy agreements. If you have signed a contract for one year, then it is only valid for one year. I would expect that the bit saying 'the landlord shall not unreasonably withold consent' could probably be interepreted as for information, rather than legally binding. Even if it is legally binding it is fully reasonable for him to refuse to renew the contract. If he wants to sell the flat, and there is a tenant with 8 months left on their contract, he can't sell for 8 months. That is going to make it difficult to find a buyer. So if he wants to sell in the next year, it is definitely reasonable to not let you renew your contract.
Answer 12The 'unreasonably withold consent' is vague and can be read that as long as he has a reason, his reason is that he wishes to sell it. Even if he gave his reason as he doesn't like you, or your eyebrows are too close together, I'm afraid to say that they're still reasons. Good luck finding a new flat.
Answer 13Sounds a reasonable reason. he wouldn't be able to not renew because he 'didn't like you' but by deciding to sell the flat he has grounds that the witholding is fair and reasonable.
Answer 14Yes. He can withhold consent. It is optional for him to either renew you or not. He can also by giving you notice to quit, evict you if you do not leave.
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