Tenancy Agreement moving to a Periodic

jjlandlord

What are you trying to achieve?

If your landlord does really want you out he will, so it's just a question of time.
In such case, the best option for you is to look for a new place. You can leave at the end of the fixed term without formal notice (though best to inform landlord in advance), and by giving a month notice thereafter.

There is not much point in sending the letter you quoted. It can only shorten the time left before you have to leave.

sharpee

No were are happy to move just want the correct notice. We are buying somewhere, have accepted we may need to put stuff in storage and stay with family a few weeks.

We just want to try and have as much notice to quit the property as we're entitled to.

jjlandlord

I think you do not understand the purpose of a section 21 notice: It is not a notice to quit and does not end the tenancy, it just entitle the landlord to start court proceedings upon expiry.

As long as your landlord does not serve you with a s.21 notice you know that you have at least 2 months before he can even start court proceedings to evict you.

When you wish to move you give notice to quit to him.

Basically I don't see why you want your landlord to serve you a s.21 notice...

G_M

Why send th letter? You are not running a training course for landlords, nor ar you in the business of doing his letting for him.

If as sems the case, he fails to give you the required S21 Notice in time for the end of the fixed term, that is his problem, not yours.

You are buying a property - Inevitably the timescale for this (Exchange of Contracts) is uncertain.

Stay where you are and do nothing. When your FT ends and you remain the LL will discover you DO have a Periodic Tenancy and will need to start the S21 process again giving you a further 2 months security. And, as JLandlord says, even longer since a S21 does not mean you have to leave after 2 months.

You have offerred to be flexible. The LL has responded harshly (wanting you out). What do you owe him......?
Remain

BitterAndTwisted

In a periodic tenancy all terms and conditions remain the same as the fixed-term bar the notice required: one full rental-period for the tenant to give the landlord and two rental periods for the landlord to give to the tenant.

Say nothing, remain where you are and wait for the landlord's S21 Notice. If it doesn't suit you to leave when the two month's notice expires wait for the landlord to make a written application to the court. It could take the landlord some time to get to court depending on how busy they are. In the meantime you could have plenty of time to make other arrangements if that is what you need.

thegirlintheattic

Check the original tenancy agreement doesn't come with an S.21 attached. Quite common in our area for 12 month tenancies to come with a S.21 when you take it out.

BitterAndTwisted

Which would not be valid if issued before the deposit was correctly protected in one of the three schemes if the property is in England or Wales.

sharpee

Ok no S21 has been issued.

Tenancy is in England and deposit with My Deposits.

I will just tell the LL we will not be signing up another 12 month contract. I won't mention about us giving notice.

I have spoken to Your Move and told them that we will not be signing up to another contract, will not be paying their fee to sign up to another contract and if the LL is not happy with that he can serve the correct notice.

I know were kind of biting our nose off etc but he recently got very a r s e y when we confronted him politely to tell him we didn't appreciate him going through our stuff on a recent visit to show builders around (to fix a leak). The man is a fool, many stories I could tell, and its now all coming down to principles!

DVardysShadow

sharpee wrote: »

Ok no S21 has been issued.

Tenancy is in England and deposit with My Deposits.

I will just tell the LL we will not be signing up another 12 month contract. I won't mention about us giving notice.

I have spoken to Your Move and told them that we will not be signing up to another contract, will not be paying their fee to sign up to another contract and if the LL is not happy with that he can serve the correct notice.

I know were kind of biting our nose off etc but he recently got very a r s e y when we confronted him politely to tell him we didn't appreciate him going through our stuff on a recent visit to show builders around (to fix a leak). The man is a fool, many stories I could tell, and its now all coming down to principles!

Crazy. In your shoes, I would do one of 2 things

Ask for a contractual periodic tenancy as a continuation from the existing tenancy - allowing 1 months notice from you and 2 from the landlord. Landlord obviously thinks that after the AST there is no contract - in which he is thoroughly mistaken. But you have failed to make the case for going statutory periodic, so this option is now probably a non starter

Stall the process and take as much time as you can to decide what you want to do next. And then ask for a contract. Which won't arrive in the post, so when the Landlord asks for the signed contract, you ask for another. Then you check it out with your legal adviser. And before you know it, you tenancy will be periodic. If you are pressed at that point, tell him your moving palns and ask for a contractual periodic tenancy.

No point in putting yourself out of the tenancy by demanding a S21 notice. And seeing that there is an Agent involved, there is the root of your problem, they are misleading the Landlord that if no contract is signed he is vulnerable.

AFK_Matrix

You don't have to ask for a periodic tenancy though, the day after your AST finishes you go onto a periodic as long as you don't sign another AST. Then you just give a months notice when you are wanting to leave. Nothing more to it than that. No S21 notice is needed at all.