Staying Beyond The End of An Assured Shorthold Tenancy Agreement

legal_theory

Some advice needed....

I'm coming to the end of a 12 month tenancy agreement. Have agreed a price on a house in the last few days. Tenancy agreement runs out in early september so I'd like to extend the stay to the end of October to give us time to complete on the house.

We spoke to the landlord in May saying this was possible and did she have any objections - she said no but to ask the estate agent, the agent said it was fine but it was, in reality, the landlords decision.

We now have concrete dates and so, as a courtesy, got in touch to let them know which ones. The landlord has now refused to allow us to stay til end of Oct and offered us 2 alternatives:

1. Sign a new 12 month agreement which we would have to honour until new tenants were found.

or

2. Pay £600 per week to stay til end of Oct (about £3K, double our current rent).

Neither option sounds good to me.

As I understand it the landlord has to serve a Section 21 notice giving us 2 months notice to get out (we have had no such notice to date). Am I right in thinking I can just refuse to leave and until I receive an official 2 month notice from the landlord can stay indefinitely (obviously whilst not breaching any of the tenancy agreements)?

Thanks for any help.

silvercar

As I understand it the landlord has to serve a Section 21 notice giving us 2 months notice to get out (we have had no such notice to date). Am I right in thinking I can just refuse to leave and until I receive an official 2 month notice from the landlord can stay indefinitely (obviously whilst not breaching any of the tenancy agreements)?

Correct. In any case a section 21 is only the first part of an eviction process. By the time he has been to court to secure an eviction and back again to appoint baliffs, you will be long gone.

Is your deposit protected? I'm not suggesting you may have difficulties getting it back, but it being protected should give you piece of mind.

You need to give one months notice to end at the end of a rent period, if you are not going to leave at the end of the fixed term.

jjlandlord

legal_theory wrote: »

As I understand it the landlord has to serve a Section 21 notice giving us 2 months notice to get out (we have had no such notice to date). Am I right in thinking I can just refuse to leave and until I receive an official 2 month notice from the landlord can stay indefinitely (obviously whilst not breaching any of the tenancy agreements)?

Thanks for any help.

Yes landlord has to serve correct section 21 notice. The notice's expiry does not end the tenancy,though, it just entitle the landlord to seek possession in court.

If you stay beyond the expiry of your current fixed term, a statutory periodic tenancy will arise. To end it you will have to give at least one month notice expiring with a tenancy period.

Thrugelmir

legal_theory wrote: »

We now have concrete dates

Are you 100% certain ?

legal_theory

The deposit is with the deposit service - totally independent.

Would I be liable for any of the landlords legal costs - I will give one months notice to end the tenancy at the end of September.

G_M

Do NOT sign a new 12 month contract - it is legally binding.

An AST tenant who stays beyond the end of their initial Fixed Term period automatically becomes a Periodic Tenant. The tenancy continues, at the same terms, and rent, as before, and continues indefinately until one side issues notice.

The tenant has to give one months notice, and the LL has to give two months notice. In both cases the notice must end with a rent period. So if your fixed term ends on, say 5th month, the period will be 6th till 5th each month. Thus to leave on 5th November you'd have to give notice to be received on or before 5th Sept.

The LL cannot increase the rent except by following a specific procedure.

Yes, if you refuse to sign a new fixed term (or just 'delay') the LL could issue you a S21 Notice (though it's already too late for him to do so for early Sept as 2 months is the minimum), but even then you do not need to leave. A S21 is not a notice to quit, it is a notice allowing the LL to then apply to the court for possession, which can take a further several weeks, or months.

jjlandlord

legal_theory wrote: »

Would I be liable for any of the landlords legal costs - I will give one months notice to end the tenancy at the end of September.

this is up to the court, and the amount is usually limited, if it goes to this point.

I don't think it will...

legal_theory

Thrugelmir wrote: »

Are you 100% certain ?

Well no, but we would expect to have completed well before the end of October.

legal_theory

jjlandlord wrote: »

this is up to the court, and the amount is usually limited, if it goes to this point.

I don't think it will...

When would the court be involved? I will be out prior to the expiry of the 2 month period....

jjlandlord

legal_theory wrote: »

When would the court be involved? I will be out prior to the expiry of the 2 month period....

As said, it will be involved after the s.21 expiry if and when the landlord decides to seek a possession order.
In your circumstance I doubt this will happen.

DVardysShadow

legal_theory wrote: »

1. Sign a new 12 month agreement which we would have to honour until new tenants were found.

or

2. Pay £600 per week to stay til end of Oct (about £3K, double our current rent).

Neither option sounds good to me.

The dilemma the landlord has put you in is pointless. If you leave on the last day of your assured term, she would have a void - and the way she is going about it she will have a void and if you go periodic, she will have a void. So this is about profiteering by doubling your rent.

That gets my back up. I think the thing to do is to stall as long as you can to the end of the assured term, saying you are deciding. After the expiry of the fixed term [or earlier if you are pressed hard], don't say that you will sign for another year, but ask for the contract the be sent. Then stall through September, which will leave you with a tenancy to early December. With luck and not getting the contract [IYSWIM] and asking for another and losing it, you could take yourself into October, which will leave you with a roof over your head into 2012.

Only give your notice when you have exchanged contracts.