Tenancy Agreement moving to a Periodic

sharpee

Can someone help me quote to our LL on how once a fixed term tenancy ends it reverts to a periodic.

Background: Our 12 month fixed tenancy commenced 28th May 2011. We are currently looking to buy our own house but haven't found one yet and therefore do not want to sign up for another 12 month contract. We told our LL this, didn't mention we were looking to buy and he has come back today with.


"We only let the property on the basis of a formal tenancy agreement and there is therefore no prospect of your occupation there on a “Periodic Tenancy”. We will be very happy to discuss an agreement similar to that which you already have, i.e. 12 months with a break at 6 months and I shall be grateful if you will confirm whether or not this is something that would like to do."


Now I understand that he is too late to to stop us reverting to a periodic tenancy as he would have had to serve us notice/made us sign new contract before the the 27th March.

Can someone helpme quote the relevant tenancy law please?

pmlindyloo

Will this do?

http://www.communities.gov.uk/documents/housing/pdf/138289.pdf

Look at the left hand side to find 'Ending a shorthold tenancy'.

Please be aware that under a periodic tenancy a LL can give you 2 months notice. If you signed the new contract with the 6 months break you would be better protected.

Buying a house may take you longer than 2 months if your LL decides to give you notice. Evoking the 6 month break clause would give you more leeway.

Just my opinion!

PS Just remembered something! I am not sure but I think a LL can issue a Section 21 giving you 2 months notice during your fixed period as long as it doesn't end during your fixed tenancy period so you may even have less time if the LL decides to do that. Am not positive though. Hope someone else more knowledgeable will come along and comment.

sharpee

Thanks I have a papercopy of that somewhere but can't find it at the moment.

So an Assured Shorthold tenancy will revert to a statutory periodic providing the LL hasn't given the tenants 2 months notice to move out?

We've past that date but now wondered as he is now pushing us to sign another agreement, how could he legally give us notice to quit?

Would it be 2 months notice so if our tenancy ends on the 27th May he would have to serve notice before 27th April to move out on the 27th June?

Also how would he have to serve us notice to quit, is this where he would serve an S21?

I just want to make sure we fully understand as our LL doesn't have a clue. He thinks a Statutory Periodic tenancy is a 'formal agreement'.

pmlindyloo

The day after your fixed tenancy ends you will revert to a periodic tenancy.

It's your next question that I am unsure about, that is whether he can serve you a Section 21 before the end of your fixed period, ie. before the 27th April to move out on the 27 June or whether this Section 21 would be invalid because you will have entered a periodic tenancy.

I am also not sure about the dates.

Sorry to be so useless about this!

There are people on the forum who will know so hang on in there until they answer.

sharpee

Thanks pmlindyloo

Yes its the dates and whether he can serve a S21 before the end of the fixed period that confuses me too!

Lilibee

I asked a similar question on here a few months ago, and was told that yes, the LL could issue an S21 at any point as long as it expired after at least 2 full rental periods, and after the end of the fixed term.

So going on what I was told then, I think your LL could issue an S21 now (before 27th April) to expire on 27th June, one month after the end of your fixed term.

If that gives you enough time to buy, great. Otherwise you could try stalling a bit until after 27th April, ask him to send you a new agreement which you can then lose and need a new copy, etc? (Also there are a lot of bank holidays coming up, post might take a while...) And that would get you another month. Of course, he might figure out what you're up to and issue the S21 anyway.

chappers

He can serve you notice within the fixed term and that notice expires two months from the date of notice .That is how he would give you notice to quit at the end of the fixed term)
e.g he gives you notice today the 3rd the notice expires 2nd June

If he gives you notice after the fixed term expires then the notice is 2 months from the next rental period eg he gives you notice on 28th May the notice then expires 27th August if he gave you notice on the 27th May the notice would expire on 27th July.

He needs to serve you notice in writing stating the dates and that he is serving notice under s21 of the housing act 1988.There is no prescribed format but such things as incorrect dates would invalidate the notice as would the failure to have protected your deposit.

You may be better off being up front with your reasons for not wanting another fixed term.

princeofpounds

Firstly, he appears not to realise that a periodic tenancy IS a formal tenancy. All the terms of the fixed contract still apply except for the clauses about time periods. There is nothing informal about it. You might wish to correct him on this point.

If he does understand this (and it sounds like he doesn't) then you might wish to ask him why he is so keen on a fixed renewal. It might be a requirement of his mortgage, or something else. That will give you a clue on how flexible he can be.

sharpee

Thanks Guys!

The reason we don't want to sign another contract is

• There have been a lot of issues with the house and there are quite a few repairs that are coming up which will cause some disruption when they get carried out. Leaking dormer windows to be repairs, ceilings to be replastered & decorated due to leaks, both bathroom ceilings to be repainted etc.
• It isn't so convienent for us to live here now as we've both moved jobs
• The rent is A LOT (we struggled to find something affordable at the time and had to take this house).
• Many issues here, not on mains sewerage, large communal septic tank in front of our house under kids play area that stinks some days, not on mains gas our last monthly bill was £260!!! and we don't have the option to move supplier plus there is no parking so big bum fight to park our cars.

We are contemplating moving to the area were looking to buy to get a feel of the area and the commute to work so aren't too worried about being asked to move out. We could potentially save upto £500 in rent per month by moving!:eek:

Plus there are 2 adjacent properties (same size & rent) emtpy as tenents moved out 2 months ago so LL would be cutting his nose off.

But you've answered my questions and I thank you all!

sharpee

princeofpounds wrote: »

Firstly, he appears not to realise that a periodic tenancy IS a formal tenancy. All the terms of the fixed contract still apply except for the clauses about time periods. There is nothing informal about it. You might wish to correct him on this point.

If he does understand this (and it sounds like he doesn't) then you might wish to ask him why he is so keen on a fixed renewal. It might be a requirement of his mortgage, or something else. That will give you a clue on how flexible he can be.

Yes you are right he doesn't understand that it is a formal tenancy. I do get the impression he's an accidental LL and doesn't fully understand tenancy law or requirements

sharpee

Ok so an update our LL last night declared that as we wouldn't sign up to a new 12 month contract he would like us to leave at the end of the tenancy.

Facts:

Teancy commenced: 28th May 2011
In England Fixed for 12 months
LL declared he wants us to leave at the end of the contract i.e 27th May 2012 on the 9th April 2012.

So I believe he can't do this and has to give the required 2 months notice so the earliest we would have to move out would be the 27th June 2012?

Would the below wording cover this to send to our LL?

As per the Assured Shorthold Tenancy both parties are required to give 2 months Notice to Quit. With this in mindwe require you under Section 21 to formally serve us with 2 moths notice.

With this in mind the earliest date we would be required to leave the property would be the 27th Juen 2012.