HELP! Tenancy up in 4 days!?

Ziakiwi

Hi all,

We just received a letter from him today saying that our lease is up on the 31st May offering us a renewal for a further 12 months. Eeek! We thought our lease ran until 31st July!

Story goes that 10 months ago we started the renwal of our tenancy agreement with our landlord to continue on our rental of his property. Because we had a 5 week holiday schduled the landlord agreed to give us 1/2 rent for a month (pretty nice) if we would stay on. We amended our agreement signed it and handed it back to him. We deducted the 1/2 months rent over each month for a period of 12 months and signed contract and sent it to him.

Landlord was confused by this change and queried us - we explained in various emails etc but through a massive oversight neither side has signed a tenancy agreement.

He sent us a new contract which we did not sign and return. We did sign an inventory back in September 08 but not a tenancy agreement as he was away on holiday...and subsequently both sides forgot about the final paper work.

I am hoping that we'll be able to work this out nicely with our landlord but if push comes to shove - do we have to pack our bags?

I know in some cases agreements will automatically flick to month by month but ours doesn't have such a term.

Any input gratefully received.

Jowo_2

I'm confused by your post.

You said you didn't sign your last contract but that you don't have a periodic tenancy which automatically happens when an AST expires and rolls on a month by month basis.

If you don't have a signed AST for a fixed period, the last one expired, then you do have a periodic tenancy but you seem to have some kind of verbal agreement?

Soot2006

Akaik, you won't need to pack your bags until a judge tells you to ... and if you keep on paying your rent & bills on time every month, your LL would be silly to go for eviction.

PasturesNew

Don't worry - whatever happens you don't have to be out in 4 days. For you to be expected to be out in 4 days (he can't turn up and turf you out anyway), he'd have had to have issued you with a Section 21 notice, in writing - you'd have noticed that.

So, firstly, calm down. No need to panic.

Now ... let's get to the bottom of the confusing dates.

Jowo_2

Tenancies that are past the 'fixed term' become periodic which requires the landlord to give the tenant 2 months notice to leave or the tenant to give the landlord 1 month notice to leave (timed to expire when rent is due). You will find the Shelter website very useful on this.

Suggest you verify your status with Shelter and if you are periodic tenants, as I suspect, then have a diplomatic word with the landlord where you either give him notice, notify him that he has to give you 2 months notice or ask to continue as periodic tenants (indefinately, under the previous terms and conditions, until either party gives notice).

I take it that you are averse to another long tenancy agreement? If so, just let him know that a periodic tenancy suits you best and is common to many tenancies where landlords regard the first 6 month fixed term as a 'probationary period' so to speak.

Positive dialogue is the best approach - be firm that you aren't leaving in 5 days time but make clear that you take your responsibilities as a tenant seriously and therefore, the rent will be paid when next due.

clutton_2

""Because we had a 5 week holiday schduled the landlord agreed to give us 1/2 rent for a month (pretty nice) if we would stay on. We amended our agreement signed it and handed it back to him. We deducted the 1/2 months rent over each month for a period of 12 months and signed contract and sent it to him.""

i dont think i get this

he agreed you could have one month at half rent because you were going on holiday

but you ""deducted the 1/2 months rent over each month for a period of 12 months" - this sounds as if you have only paid half the rent for a whole year !!!

Cissi

clutton wrote: »

he agreed you could have one month at half rent because you were going on holiday

but you ""deducted the 1/2 months rent over each month for a period of 12 months" - this sounds as if you have only paid half the rent for a whole year !!!

Clutton I think what the OP means is that he divided the 1/2 month's rent by 12 and reduced each monthly payment by this amount. I'm not entirely sure why the landlord agreed to this just because the tenant was going on holiday, but presumably it was in order to convince them to stay at the property? In any case there seems to have been a lack of communication on both sides about how this was to be settled!

To the OP, it doesn't sound to me like your LL wants you to move out in 4 days' time, but rather that he's trying to get you to sign another 12 months' contract, since you never signed the one that was on offer last year. If this doesn't suit you and you'd rather stay on a periodic tenancy (which is almost certainly what you're on now) then just tell him so - he's hardly going to try to get rid of you, if you're paying your rent on time.

Jowo_2

yes, unless he's got someone lined up to take over the tenancy who seems eager to sign a long contract.

it's the norm for landlords or tenants to discuss whether or not to renew, though he seems not to be aware that it's a periodic tenancy anyhow.