6 month tenancy up - on rolling tenancy?

debrag

So we moved into our flat 7th Feb 2011, the term was for 6 months and the ll was to renew after then.

We never got an inventory this was to be done by the ll. Our deposit is protected.

Are we now on a rolling tenancy? On some documentation under 'tenancy extension' it says 'we will write to you approximatley two months from the end of the tenancy to ask if you want to extend .... subject to your landlord's consent'

Should we do nothing or contact the la?

We plan/want to stay for a few more years before moving out the area.

jjlandlord

Yes you are automatically on a statutory periodic tenancy.

Unless you really want to sign up for a new fixed term, you don't need to do anything. If the LL/agent want to propose a new fixed term I'm sure they'll contact you.

debrag

Thanks we don't want to mess up this place, we can't afford to move & finding a flat in our area at the price we have is NILL!

It's a small flat but it's just right for us.

Benji

As jjlandlord says, you have 2 choices....

1) Leave everything as it is. Section 5 of the 1988 Housing Act gives you a statutory periodic tenancy - basically you can now give 1 months notice (leaving on last day of a tenancy month), and your landlord must give 2 months before commencing possession proceedings. Rent can be increased at any time (only once in 12 months) with 1 months notice. This is very flexible (good) but does not give you a lot of security (bad).

2) The alternative is to approach the landlord/agent and ask for a new contract which will be at a fixed rent and for a fixed period of time.

debrag

Yeah I'm thinking of option 2 just don't have the money to renew plus I don't want the rent to rise either

Whats the longest you can get a fixed term for? We'd like to stay for 3+ yrs

jamie11

debrag wrote: »

Whats the longest you can get a fixed term for? We'd like to stay for 3+ yrs

You can sign an AST for as long as you wish. It's not always a good idea though because it ties you in to the contract, you might find you need to move long before the contract finishes.

Benji

You have to accept that rents do go up - like everything else in life

If your landlord were to offer you a 3 year contract (which is heck of a commitment, as jamie11 says) then the chances are that your contract would include a rent increase mechanism - some way to ensure that the rent does not get fixed at an unrealistic level for 3 years. Such terms often include reference to the retail price index in an attempt to be fair to everyone (although the RPI rarely coincides with true housing costs). The longest you are 'likely' to get a new contract for is 12 months. If you want a fixed term, and if there is a fee (say £75) then it may still seem worthwhile if you consider it as £6.25 a month for 12 months security. Of course, everything is negotiable - including the fee.

If you stay on the periodic tenancy, then you must be given details of any rent increase a month in advance (so that you have the option to leave before it comes into effect) and you can refer the increase to a rent assessment committee if you think it is unfair. However, a RaC is going to look at how much the property is worth - not whether you can afford it or not!

This may be of interest: http://tenancyanswers.ucoz.com/index/tenants_rent_increase/0-42

debrag

Sorry I know the rent will go up. Just I hope not soon.

G_M

jamie11 wrote: »

You can sign an AST for as long as you wish. It's not always a good idea though because it ties you in to the contract, you might find you need to move long before the contract finishes.

Not so. There are limits, and important differences:

1. For a term of 3 years or under, an AST does not have to be witnessed and can be drawn up by a landlord & tenant
2. Over 3 years, and AST does have to be witnessed, and signed as a deed
3. Over 7 years, a tenancy at common law would be more appropriate, and could make the tenant responsible for all repairs You would need to ensure it does not come under the Landlord & Tenant Act 1954 or you could be stuck with the tenant.
4. For tenancies over 21 years then different rules apply again. You are really in the realm of long leases (as when you buy a flat.)

For perspective, remember AST = Assured Shorthold Tenancy. The clue is in the name!

jamie11

G_M wrote: »

Not so. There are limits, and important differences:

Yeah, I know, but I wasn't thinking in those time scales.

dodger1

debrag wrote: »

Sorry I know the rent will go up. Just I hope not soon.

Not always. I've been in my flat over three and a half years with no increase and it was priced correctly at the start. My rent pays the LLs mortgage and she has an excellent tenant so I guess in these difficult times she's happy with the arrangement.