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Lease renewal query

edited 31 December 2012 at 10:34AM in House buying, renting & selling
3 replies 453 views
SupadupaSupadupa Forumite
104 Posts
edited 31 December 2012 at 10:34AM in House buying, renting & selling
Hi,

Just looking for a bit of advice. I am currently renting a property on a six month lease and am about halfway through the lease term. The letting agent has written to me to ask whether we wish to extend the lease on it's expiry in March.

They have given the following options-:
1. Vacate the property in March.
2. Enter a tenancy agreement for
a) 6 months with a break option
b) 6 months with NO break option
c) 12 months with a break option
d) 12 months with NO break option
e) 12 months with a break option after 6 months

They note that : the break option gives me the right to serve 1 month's notice to end the tenancy at the end of the rental period. The landlord would have the right to serve 2 months' notice to end the tenancy at the end of a rental period.

From this I understand the break option would not apply until at least another 6 months from the start of a new lease?

I'm not keen to sign up for another six months as we want to buy somewhere when the right property arises.

In the original lease it states:

'Following the completion of the initial term, the lease will continue from calendar month to calendar month until brought to an end by either party serving written notice upon the other party of a period of not less than 28 days.'

Can I reply to the letter adding a new box - agreeing to a month to month basis only? Or do I need to pick one of the options they have given?

I'm in Scotland in case that makes a difference to the legislation in these matters.

Thanks for your help.
£10 a day challenge
£100.16/£310

Replies

  • Don't sign anything and you will automatically go onto a Statutory Periodic Agreement. This is a monthly rolling contract where you give notice of 1 rental period and your LL has to serve you 2 months.

    We learnt the hard way...I was terrified we'd be kicked out (wasn't visiting these forums...d'oh) and pushed for another 12 month tenancy agreement. 5 months into the 2nd year we came into money and started looking at buying. But we're stuck until 17th March. We have bought somewhere and we complete on Friday but we have tried to delay a little bit (not easy as there's no chain! But the sellers did struggle to get a mortgage offer for a while) and we can afford to do it now as we saved but would have been quicker and less stressful if we were on a SPT. The upside now is we have 2 months to get some decorating done and move in (although will probably be in before 17th March).
    First Time Buyer: Mortgage Offered, Searches complete, Exchanged 21/12/2012, Completion 04/01/2013! :beer:
  • tim123456789tim123456789 Forumite
    1.8K Posts
    Part of the Furniture 1,000 Posts Combo Breaker
    Forumite
    julieb1987 wrote: »
    Don't sign anything and you will automatically go onto a Statutory Periodic Agreement. This is a monthly rolling contract where you give notice of 1 rental period and your LL has to serve you 2 months.

    Will it?

    The PP's in Scotland and the rules are different

    tim
  • Will it?

    The PP's in Scotland and the rules are different

    tim

    Aye, but the air is sweeter and the lassies bonnier.:)

    Information on Scottish Renting here
    http://www.scotland.gov.uk/Topics/Built-Environment/Housing/privaterent
    Stop! Think. Read the small print. Trust nothing and assume that it is your responsibility. That way it rarely goes wrong.
    Actively hunting down the person who invented the imaginary tenure, "share freehold"; if you can show me one I will produce my daughter's unicorn
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