How to convince landlord to allow a periodic tenancy

mustBdebt3

Hi

We have been in our flat for 3 years. Model tenants, blah, blah, blah.

During this time we have always ahd to sign another 1 year contract. It has even been a battle getting a six month break clause in these.

We are supposed to move out in 2.5 weeks but have been unsuccessful in finding another place. We are moving out of the area. In the last two months there have been 0 viewings for our flat.

It is a block of new build flats and there are quite a few vacant flats waiting to be let.

I want to propose to the landlord that she allows us to go onto a periodic tenancy. I need to show her that it will benefit her as well as us without sounding rude/cocky.

Usually she says she doesnt deal with this and the letting agent does but of course the EA is advising not to go for a periodic as they will lose their finders fee so I am up against the EAs as well.

What do I say?

HappyMJ

When you say you are supposed to move out in 2.5 weeks have you been given the proper notice. I'd just stay anyway and continue to pay the rent. If they want rid of you let them take it to court to get a court order to get you out.

mustBdebt3

HappyMJ wrote: »

When you say you are supposed to move out in 2.5 weeks have you been given the proper notice. I'd just stay anyway and continue to pay the rent. If they want rid of you let them take it to court to get a court order to get you out.

I was under the impression that on an AST neither party needs to give notice?

To be honest, dont want to go down the court route. I want to be upfront about it from the beginning.

HappyMJ

mustBdebt3 wrote: »

I was under the impression that on an AST neither party needs to give notice?

To be honest, dont want to go down the court route. I want to be upfront about it from the beginning.

Yes they do you need to give 1 month the landlord 2 months. If you have no notice then just stay it will automatically become a periodic tenancy. The agency will not tell you this as they want more money in fees.

Court is not scary. Don't worry about that. It's only the landlord requesting possesion. You go there and say I can't find anything the court will give you another month (as long as you have been paying the rent) to find somewhere then it goes from there. It's all friendly.

jjlandlord

mustBdebt3 wrote: »

What do I say?

You do not need to say anything as a statutory periodic tenancy will automatically arise if you remain in occupation after the fixed term tenancy's expiry.

If asked, obviously best be honest and tell them that you do not intend to leave.

If your landlord does want you to leave he will have to serve you with a section 21 notice first. This gives you a 2 month notice before the landlord is entitled to seek a court order. In any case you tenancy would not end until you agree to a surrender with the landlord or a court order is executed by bailiffs.