Help - renting query

ninjablossom

Hi,

I was on a 1 year tenancy with a break clause at 6 months which ends 01st Dec.

End of October I asked my landlords if staying on for a few more months was an option to which they responded this was fine, all terms and rent remains the same.

Now the letting agents are involved as they want the renewal fee. I stated I wish to stay on a statutory periodic tenancy and my landlords when I spoke to them were fine with this - they stated they never requested a new contract.

However they spoke to the letting agent and now they state they want a new 12 month contract with another 6 month break clause - as they want the security of me not being able to give 1 months notice (it seems to have escaped them that I have been able to do this for the last 5 months)

So I'm going to move to another area earlier than I wanted, but hey.

However do I need to be out by the end of my tenancy on the 01st Dec? or do they have to serve me 2 months notice now as its less than a month till the tenancy expires does this move into statutory periodic tenancy automatically?

julieb1987

If you sign nothing then you'll automatically go onto a periodic agreement. Then the LL will have to serve you with a section 21 and give you 2 months' notice to leave, at which point if you don't leave will have to get a court order to evict you. It might just be the LA trying to get you to sign another contract to guarantee their money, and so you have to pay their extortionate "admin costs". Do nothing. There's not a lot they can do without you having at least 2 months' notice.

Fire_Fox

Welcome! It's worth running an advanced search, this issue comes up regularly. The tenancy does not expire on 1 December, the fixed term ends. After this you will be on a statutory periodic tenancy. A break clause does not mean the tenant can hand in one months notice any time thereafter, you can only leave at break point - if you miss that you are tied in for all the remaining months.

You do not have to leave until you have been served notice to quit AND have been taken to court to action the notice and evict. Assuming you were not served notice to quit at the start of the tenancy? Check all your paperwork carefully. It's fairly unlikely the landlord will serve notice to quit on a good tenant just because they won't sign a new AST, that means they would have a void with no rent coming in. Is your deposit properly lodged with one of the three schemes? If not any section 21 notice to quit is invalid.

ninjablossom

ah, the agents told me I could use the break clause at month 5 to vacate at month 6 and any party can use the break clause any month thereafter!

But either way that's fine, I'm more sure I don't want to enter into a new fixed term then I'll wait till they serve me notice!

And yes I think its all a drive on the letting agent part to get their admin fees! shame as I would have stayed on till Spring until this drama.

Fire_Fox

Don't rely on what agents tell you about contractual obligations, read the AST and get legal advice (or post here!) on anything you do not understand. Check you have not already been served notice to quit, if you have check the date against the date your deposit was lodged.

tbs624

Fire_Fox wrote: »

Don't rely on what agents tell you about contractual obligations, read the AST and get legal advice (or post here!) on anything you do not understand. Check you have not already been served notice to quit, if you have check the date against the date your deposit was lodged.

NTQ not applicable to ASTs. s21 notice of LL's intent to seek repossession is not an NTQ.

OP check that you have not already received a s21 , post deposit registration/handing over of scheme's precribed info: if you have then LL can proceed to court to seek repossession the day after the FT ends ( provided s21 correctly timed).

ninjablossom

I haven't received a notice to quit yet.

I told the agents I ideally want to leave end of Feb - so the LL has come back with a compromise of a 12 month contract with a 3 month break clause. I swear they have more money than sense if they want to spend £400 on a new fixed term, only to repay more fee's when they have to find a new tenant in March???

Anyway I've gone back and said that If they don't want me to stay rolled till end of Feb, its a case of me give notice, or them give me notice as to me moving end of Dec or Jan.
I avoid xmas, so me moving isn't an issue and I have time off work then but all the letting agencies close over the xmas - ny week

I've been a good tenant and just because the LL doesn't want me to give them only 1 months notice to leave, I'm being forced into giving one months notice and leaving over xmas. Its mad. Even with the break clause, I still give 1 months notice...

anyway this forum is brilliant, thanks for your help guys!

G_M

The terms of break clauses vary. You have to read the clause. Some allow the tenancy to be ended at a specific point (eg 6 months) some allow any time after a point.

You are unwise to be responding to the agents, especially telling them they'll have to give you notice. That is what they now might do!

Better to ignore, and just move to a SPT. Then you can give notice when you want, and leave it up to them to decide whether or not to give you notice. Why encourage them!

Full details here.

ninjablossom

But they have been ringing me and emailing and hassling me. My LL won't deal with me direct and according to the agent they seem dead set on a fixed term which means they will serve me notice anyway.

Thanks for the link, I didn't think leaving the end of this month was an option. That changes everything

G_M

ninjablossom wrote: »

But they have been ringing me and emailing and hassling me.

1st Dec is less than 3 weeks. When they phone you, just stall them!

"Can you send me a copy of the new tenancy please?"
"Sorry, not arrived yet."
" Must be lost in the post - send me another"
"Dog ate it - please re-send"
"I've passed it to my solicitor to look over - will get back to you shortly"
"I left it in the office. Will deall with it next week"

etc

Then on 2nd Dec:

"Oh, sorry. Yes you're right, I never sent it back. Never mind I'm on a Statutory Periodic Tenancy now so there's no need for it any more is there?"

Fire_Fox

ninjablossom wrote: »

But they have been ringing me and emailing and hassling me. My LL won't deal with me direct and according to the agent they seem dead set on a fixed term which means they will serve me notice anyway.

Thanks for the link, I didn't think leaving the end of this month was an option. That changes everything

Write to or e-mail the letting agent - cease and desist from harassing you under the Protection from Eviction Act. Don't assume anything the letting agent says is really coming from the landlord, you only have to leave IF one party serves notice and the courts evict. http://www.communities.gov.uk/documents/housing/pdf/138298.pdf

Or do as G_M says and stall, they cannot prove what got lost in the post unless they send recorded and you sign for it and you are within your rights to have your solicitor check over any contract before you sign.