Staying Beyond The End of An Assured Shorthold Tenancy Agreement

legal_theory

DVardysShadow wrote: »

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.

What do you mean when you say she would "have a void"?

DVardysShadow

legal_theory wrote: »

What do you mean when you say she would "have a void"?

Period with no tenant.

legal_theory

DVardysShadow wrote: »

Period with no tenant.

Ah, I see.

Can the landlord expect to keep the deposit at arbitration if I stayed on until the end of October? I would pay the rent and not breach any of the tenancy terms.

G_M

legal_theory wrote: »

Ah, I see.

Can the landlord expect to keep the deposit at arbitration if I stayed on until the end of October? I would pay the rent and not breach any of the tenancy terms.

As I said before:

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.

Provided you give the correct notice, ne deduction can be made from the deposit. If you get the notice wrong, you can be charged rent for the period for which you did not give proper notice.

DVardysShadow

legal_theory wrote: »

Ah, I see.

Can the landlord expect to keep the deposit at arbitration if I stayed on until the end of October? I would pay the rent and not breach any of the tenancy terms.

Unless you sign a new agreement, you will be on a statutory periodic tenancy, as already explained, under the same terms and conditions, except with prescribed notice periods. Your deposit will be under the existing terms and conditions.

By going statutory periodic, you are exercising a legal right [the clue is in the word 'statutory'] and you cannot be penalized.

clutton_2

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

I've heard some wheezes in my time that sh*te landlords try to con tenants.... but this takes the biscuit !!! doubling the rent ???? What a cheek.......

legal_theory

Ok, today we received our 2 month notice period - would I be right in thinking that gives us until 11/10/11? We pay the rent on the 1st of every month.

N79

On what date did your tenancy start? Rent due date is not relevant for determining the tenancy period.

The notice itself should state the expiry date.

bebewoo

No, if you pay your rent of the 1st of the month they have to make sure that the notice period runs from the 1st of the month, and you must receive it before then.
So if you received it today, 12th August then the notice period is 1st Sept - 31st October - two months from the next rent due date.
They have messed up big time by not sending it out a couple of weeks ago. They cannot give you notice at any random date they chose during the month, it has to coincide with the rent payment date.

bebewoo

Oops sorry I assumed tenancy start date was the same as rent payment date (in my case it always has been).