Confused tenant

RKB

I am about to come to the end of a 6 month AST. Our landlady has written to us asking if we wish to stay in the property. We do want to stay but would like to keep the contract rolling over on a month by month type basis. Unfortunately she won't allow us to do this and wants us to commit to another 6 or 12 months. This isn't what we really want, we may indeed stay in the property another 6 months but can't commit at this time as i am hoping to buy my own home soon. Can she make us commit to another six months? We feel our hands are tied as if we moved to another property we would again be tied into a minimum of 6 months...

becky_rtw

No the default is a rolling contract and if she wanted you to move out at end of the term she would have had to given you 2 months notice (I think get one of the regulars to check that bit) on rent day before the contract ends - if its less than that now then I think you can just say sorry we'll go onto rolling - if shes that against it she'll give you two months notice now so you'll end up moving in two months instead - might be worth just saying to her 'we're good tenants, pay on time etc, but are unsure if we want to be tied in for 6 months' and see if she'll negioate but if shes that dead set against it you might be fighting a losing battle with her...sorry

allthingsmustpass

She cannot bully you into another 6 or 12 month term, sign nothing and you will automatically go onto the rolling month arrangement you want. If she chooses she can give you your 2 months notice, but I believe this is unlikely, she is trying the underhand tactic of bullying you into a longer term so seems desperate to avoid months with no income from the property, giving you notice in order to find other tenants wouldn't help her with this.

It's a renters market, she's lucky to have a good tenant and is pushing her luck.

silvercar

If you refuse to sign, she can give you a section 21 notice that will give you 2 months notice (to end on a rent day). Even then she would have to go to court to evict you. Whether you want this hassle is upto you.

Do check that you didn't get a section 21 notice at the start of your tenancy; if so she is already part way through the process.

scrummy_mummy_2

Even if she DID issue a S21 at the start of the tenancy, it may not be valid. Since the introduction of the new tenancy deposit schemes, a S21 cannot be legally served until the deposit has been protected...if it is served, it is not enforecable until the LL/agent can PROVE that he deposit had been protected first.

Best thing to do is chat to the LL...maybe she doesn't know that you can have a rolling contract and that she must give you 2 months notice etc....there are lots of LL's out there managing their own properties who don't have the first clue...she may just think that an AST is the only way of doing it....although I probably think I agree with Silvercar and she is trying to push you into another one to avoid an void!...point is though that you don't know so talk to her and try to negotiate a mutually agreeable outcome.

N79

scrummy_mummy wrote: »

Even if she DID issue a S21 at the start of the tenancy, it may not be valid. Since the introduction of the new tenancy deposit schemes, a S21 cannot be legally served until the deposit has been protected...if it is served, it is not enforecable until the LL/agent can PROVE that he deposit had been protected first.

I disagree with this and agree with Silvercar - you need to check if you have already been issued a s21 notice as this means that the LL is already part way through the process. Here's why:

S215(1) says that a S21 can not be issued

(1)If a tenancy deposit has been paid in connection with a shorthold tenancy, no section 21 notice may be given in relation to the tenancy at a time when—
(a)
the deposit is not being held in accordance with an authorised scheme, or

(b)
the initial requirements of such a scheme (see section 213(4)) have not been complied with in relation to the deposit.

However, the authorised schemes allow 14 days for the deposit to be registered with them and the act itself s213(3) allows 14 days to comply with the initial requirements therefore, in my view a S21 issued immediately after the start of a tenancy could be valid as such a deposit is held in accordance with an authorised scheme and is within the grace period of compliance with the initial requirements. This would be my arguement in court!

Further, there is nothing in the act itself or within the debates that indicate that pariliament intended to remove the ability to serve S21 at the start of a tenancy - however bad that practice is.

Best thing to do is chat to the LL...maybe she doesn't know that you can have a rolling contract and that she must give you 2 months notice etc....there are lots of LL's out there managing their own properties who don't have the first clue...she may just think that an AST is the only way of doing it....although I probably think I agree with Silvercar and she is trying to push you into another one to avoid an void!...point is though that you don't know so talk to her and try to negotiate a mutually agreeable outcome.

I agree with this part 100%