Is it normal to extend tenancy by a week etc?

daisiegg

We are currently renting and are buying our first house. We are on a rolling monthly contract and our tenancy is until the 4th of each month, but we are not moving until the 9th of September. Rather than pay up until the 4th of October, we wanted to extend the tenancy by say a week or 10 days, paying obviously.

We spoke to the letting agent today and they said that "we don't normally do that". We haven't yet directly asked the landlord as we know he is on holiday at the moment, but we are going to text him and ask.

How normal is it to do this? and whose decision is it whether they let us or not - the letting agent or the landlord?

I know they have no obligation to do this, but I would have thought they wouldn't mind having an extra week of being paid, and an extra week to allow them to look for new tenants!

Really worried that we are going to either be homeless for a week, or have to pay a month of mortgage and rent

nikki_angel

Your contract is with the LL. It is up to him and nothing really to do with the LA.

Slinky

I rented our house out a few years ago. I don't ever recall any of my tenants leaving on any day other than one that suited them -the whole rental of say 4th-3rd of each month seemed to be pretty arbitrary. The letting agents just amended the request to them to pay a pro-rata amount for the last period of time they were in the house. It never occured to me to tie the tenants into a particular day of the month.

I know rules etc have changed (it was 6,5 years ago), but to me it sounds more like the agency can't be !!!!!d to ask the landlord than anything else.

thegirlintheattic

Have you already got a Notice 21? If so, that is the date you need to be out.

If not then it depends on how nice your LL is really, worse comes to the worse but your stuff in storage and move into B&B/Travel Lodge/Tent for a week. I've never heard of it being done, my mate wanted a few extra days on a rental and got charged for the whole extra month.

BitterAndTwisted

It's purely at the landlord's discretion. As Slinky has said, it's likely that the agent can't be bothered asking the landlord when they can insist that you pay an extra month's rent, so I suggest that you contact the LL direct and ask.

may_fair

daisiegg wrote: »

We are currently renting and are buying our first house. We are on a rolling monthly contract and our tenancy is until the 4th of each month, but we are not moving until the 9th of September. Rather than pay up until the 4th of October, we wanted to extend the tenancy by say a week or 10 days, paying obviously.

Technically speaking, you are not asking for an extension, because the tenancy will continue anyway if you remain in occupation after 4th September. What you are doing is offering to surrender the tenancy on 9th September, mid-period. The LL is free to accept or refuse.

How normal is it to do this? and whose decision is it whether they let us or not - the letting agent or the landlord?

The landlord's, ultimately. But some LLs may instruct the agent to make such decisions on their behalf (if, say, they live abroad, or they just don't want to have any dealings with the tenancy).

may_fair

thegirlintheattic wrote: »

Have you already got a Notice 21? If so, that is the date you need to be out.

No. A s.21 notice is not a notice to quit; it does not end the tenancy nor oblige T to vacate. It merely entitles the LL to apply for a possession order after notice expiry.

If T ups and leaves at the expiry of a s.21 served during a periodic tenancy, without serving proper notice himself, he will be liable for rent in lieu of notice.

iheartbristol

I asked a week before the end of my tenancy if I could stay another week; the letting agent said that was fine as they hadn't found a new tenant yet, I just paid the extra rent for the week via debit card. That was about 2 years ago and I had a fairly relaxed letting agency.... some might not be so accomodating

bizzybee

If you are on a monthly rolling contract it sounds as if you are in 'periodic'. My understanding is that once you are in periodic you still have to give a month's notice but you are no longer tied to the rental due date that was in the original AST which sounds as if it was the 5th of each month. Therefore you could give a month's notice on 10th August to move out on 9th September.

daisiegg

bizzybee wrote: »

If you are on a monthly rolling contract it sounds as if you are in 'periodic'. My understanding is that once you are in periodic you still have to give a month's notice but you are no longer tied to the rental due date that was in the original AST which sounds as if it was the 5th of each month. Therefore you could give a month's notice on 10th August to move out on 9th September.

Ahh, you got me all excited there, but no...

In the letter we received at the end of the one year contract it says "if you have ticked the option to continue your tenancy on a periodic tenancy basis [which we did], the tenancy shall continue under the same terms and conditions as the original Tenancy Agreement except that, should you wish to leave, you are required to give one month's notice, with the notice ending at the end of a rent period, ie. the 4th of any month'

Booooo

BitterAndTwisted

That letter sets out the position correctly HOWEVER I still suggest that you contact the landlord direct and enquire whether they would accept you staying on for a week or so without being committed to the whole month's rent. Don't ask: don't get.