AST do I have to sign?

Youdontseeme

Hi

I have been living in a rented flat for coming up to 8 years. I signed an AST on moving in (through a letting agent) and have never been asked to sign one since, I have always been pretty friendly with my landlord/lady and called them direct with any issues.

Rent paid on time every month, have spent a small fortune decorating what was really a bit of a pit when I first moved in etc..

Now their son (who is an estate agent) has now taken over the management of my flat and is demanding I sign a fixed term tenancy agreement with a 6 month break clause and 2 months notice.

My problem is I am hoping to move back up north but with the job situation the way it is obviously cant go until I find something.

I asked if he could change it to one months notice - he said no.
I asked if he could make it a 6 month fixed tenancy - he said no.

He has said verbally that a months notice would be fine with him but he is an estate agent therefore I dont trust him

I really dont want to be tied to this flat for another 6 months but I also dont want to have to move unless it's back up North!

Do I have to sign it?
Am I being selfish wanting everything to suit me?

He is really starting to do my head in with calls and texts asking for it.

Thanks YDSM

BitterAndTwisted

No, you don't have to sign it. But if your landlord needs the security of knowing that you're tied into the rental for a defined length of time you could find yourself in receipt of a Section 21 Notice. You're currently on a rolling periodic tenancy, so should you not sign a new AST your landlord would need to give you at least two month's notice in any case.

Owain_Moneysaver

You don't have to sign, but if you do, you have security of tenure for the fixed period (usually 6 months).

If you don't sign then your existing tenancy will continue, and the landlord can give you 2 months notice to terminate the tenancy. He would then have to go to court (delay) and get a possession order (more delay) before you could actually be evicted.

This could mean you lose any deposit and don't have a landlord's reference for the next house. However, if you are evicted, you are statutorily homeless and the council have an obligation to rehouse you.

If you do sign then after the 6 months you have to give one month's notice (assuming you pay rent monthly) This is regardless of what the tenancy agreement says. If you want to surrender the tenancy before the end of the 6 months period then you may remain liable for the rent etc until the end of the 6 months and proper notice is given.

tbs624

Owain_Moneysaver wrote: »

You don't have to sign, but if you do, you have security of tenure for the fixed period (usually 6 months).

You perhaps have misread what the OP says - the LL/EA would like the T to sign up for a Fixed Term of *12 months* with a break clause at 6 months. This will be to avoid the possibility of the T leaving at the 6 month expiry having given no notice at all , as none is required to leave at the end of a Fixed Term (in Eng/Wales)

Owain_Moneysaver wrote: »

If you don't sign then your existing tenancy will continue, and the landlord can give you 2 months notice to terminate the tenancy. He would then have to go to court (delay) and get a possession order (more delay) before you could actually be evicted.

This could mean you lose any deposit and don't have a landlord's reference for the next house.

Why exactly do you think the T would lose their deposit in these circumstances?

Owain_Moneysaver wrote: »

If you do sign then after the 6 months you have to give one month's notice (assuming you pay rent monthly)

Repeat - the LL is *not* giving the T the option of a 6 month Fixed Term

theartfullodger

Have you received written confirmation from the Landlord that this jumped up little pr**k is acting on behalf of the Landlord?? If not, until you do receive such confirmation, tell him politely that you are unsure of his bona fides.. (P G Wodehouse..).

Anyone (me??) can fetch up at your front door and demand you sign something...

tbs624

OP - if you really don't want to sign for a further Fixed Term then you have to take the risk of being served with a S21 notice.

Some LLs would rather keep on a "good" T on a less than ideal stat periodic than insist on a new FT being signed up to, others will want to "exercise their authority" and look to find a new T, probably at a higher rent.

You could state in writing that you are only prepared to either continue the tenancy as a stat periodic or by signing up to a 6 month tenancy only and see what he comes back with. The good bit is that if you do sign up to a new FT the LL is obliged to scheme register your tenancy deposit. You could remind the LL of that one and ask which scheme he intends to use

DVardysShadow

theartfullodger wrote: »

Have you received written confirmation from the Landlord that this jumped up little pr**k is acting on behalf of the Landlord?? If not, until you do receive such confirmation, tell him politely that you are unsure of his bona fides.. (P G Wodehouse..).

Anyone (me??) can fetch up at your front door and demand you sign something...

Good move. Spend time on writing a letter and waiting for a reply. Then after the bona fides are proved, wait to be asked again about the contract. Ask that they write with their proposal. Write back and state a preference to continue on a Statutory Periodic basis. Let them insist again, ask for the contract. Nitpick the contract in writing. Lose the next one. Done skilfully you could spin this out until March at least before getting an S21.

In the meantime, think through a game plan which gets you out of there and into somewhere where you are not tied for 6 months.

G_M

Dear Mr Original Landlord,

As you know, I have been renting your property for 8 years now, and believe that we have a good relationship. I have considered you a good landlord and trust that in return you have been happy with me as your tenant.

I am currently on a Statutory (monthly) Periodic Tenancy, and this arrangement has worked well for me for many years, and as far as I know, you also have been happy with this arrangement.

I have recently been approached by a Mr (name) who claims to be either acting on your behalf, or to have purchased or otherwise taken ownnership of the property and become my landlord. I am uncertain which, if either, is the case, as I have had no formal notification.

Mr (name) wishes me to sign a new Fixed Term tenancy agreement, and is most insistant. I see no need for this, and would be interested in your view.

Mr (name) has also given no indication of which deposit scheme he intends to use ( a new tenancy agreement would require registration of my £X00 deposit).

I do hope this letter finds you well, and I look forward to hearing from you shortly.

Yours sincerely

A Tenant

jjlandlord

timmyt wrote: »

means the Landlord can give you two months notice at any time so you have no negotiation...unless getting another tenant will be difficult for them of course

Yes and no: Finding a new tenant is costly and involves a level of risk.
Reasonably it is not worthwhile to try and evict a tenant of 8 years just because of this issue.
But peoplquran be quite unreasonable... And suddenly asking a tenant of 8 years to sign a 6 month fixed term does not strike me as making much sense.

jamie11

jjlandlord wrote: »

Yes and no: Finding a new tenant is costly and involves a level of risk.
Reasonably it is not worthwhile to try and evict a tenant of 8 years just because of this issue.
But people quite be unreasonable... And suddenly asking a tenant of 8 years to sign a 6 month fixed term does not strike me as making much sense.

Yes and no! We are not privy to the landlord's reasons but it may be something to do with re-mortgaging where the lender might want to see a fixed term in place as part of their security. Otherwise, I agree, it does not make a lot of sense to rock the boat now.

jjlandlord

jamie11 wrote: »

it may be something to do with re-mortgaging where the lender might want to see a fixed term in place as part of their security.

which would just move the nonsense to the lender
Though I doubt it's the reason...