When is a AST not a AST?

[molly jones]

A friend has moved into a flat - through a friend of a friend and has signed a AST but the landlord has inserted that either can give one months notice. He's said he is going to sell property at auction. Where does this leave the tenant. The contract was signed in February - can existing landlord end the tenancy before the six months expires, can the new landlord increase the rent before expiry of existing contract? The tenant would prefer to remain in property for at least 12 months - but is unsure as to her rights. Any advice would be appreciated.

[SPEEDTWIN]

notice can not be given untill the end of the AST (you could be evited due to 2 month rent arrears though) and the LL legally has to give 2 months notice the tenant 1 month notice if it says different in the AST I dont know how enforcable it would be.

Im sure other members will be able to answer than

[Simon Dewsberry]

Hi Molly

I think you wil find that LL will have to give min notice of 2 months regardless - the earliest point this can take effect from is at the end of the intitial fixed term ie 6 months - so LL will not be able to get T out until 6 mths expired unless there is beach of lease - non payment of rent etc- If Tenancy goes periodic after 6 mth without LL giving notice then 2 mth rule will still apply- LL can still sell house at auction but not as vacant possesion T can remain until notice expired.

The LL CANNOT increase the rent during the intial fixed term unless both parties have agreed beforehand eg discount rent for first month etc.

As for staying 12 months unless a new agreement is signed then it will be 6 mths or until 2 mth served by LL or 1 mth served by tenant !

Simon

[molly jones]

Thanks guys, I'll let her know, it's her first ever tenancy and we weren't sure as to the validity of the 1 month notice clause inserted by landlord. She only received the contract this month (which he backdated) to February - when she actually moved in.