Rolling ASTs and fixed term periods

macarena123

Hi there

Wanted to get people's take on some advice I was given. I am renting on an AST and have been in my flat several years. I am looking to buy in a few months time - around the time my annual contract comes up for renewal. I have been told that after the initial 6 month fixed clause, I automatically go on a periodic tenancy - can anyone comment?

Reason is, I don't want to sign up for another 6 months but don't want to have to move somewhere else for a few months. If the agent insists on it, are they just pushing their luck? Or will I just have to sign up for 6 months or ship out?

Any advice much appreciated

:rotfl:

BitterAndTwisted

Yes, a rolling periodic tenancy automatically arises once the fixed-term ends. Agents love forcing tenants to sign a new fixed-term as it gives them an excuse to charge a fee. What is important is not what the agent finds convenient and profitable but what the landlord they represent wants. Only a damned fool would give a reliable long-term tenant notice for not committing to a new fixed-term but it has been known.

Once you are on a periodic tenancy your landlord would have to issue a Section 21givinh you two rental periods notice, and would need to go to court to enforce it if they were uterly determined to bring your tenancy to an end. Which may not be that likely once you also take into account how much the agent's charges would be for another tenant-finding fee.

V_Chic_Chick

The landlord would be quite within their rights to make you sign up for another six months or ship out. They can't make an AST for less than 6 months, and this is the case for all ASTs, entirely new or otherwise. In other words, moving to another flat would still require that you sign up for another six months. However, if you talk to them then it would be within their interests to let you stay, and serve you a S.21 notice for a mutually agreed date, which you then honour.

That said, by the time they have gone to court to get you evicted from the flat after the end of your fixed term, you'd probably be gone anyway....

theartfullodger

Rubbish: an AST can be as short as 1 day, but S21 can't be used until 6 months from start of new fixed term.


You are not (NOT!) required to sign any new fixed deal of any length, nor can a landlord force you. That is the law:

Cheers!

Artful (Landlord)

dimbo61

Hi macarena123
Do you have your landlords address? have you spoken to him/her over the years you have been a tenant?
As you have lived at the property for a number of years has the letting agent charged you to renew your tenancy ? each year?
I would speak to the landlord and explain that you want to go onto a periodic tenancy ( you then need to give one calander months notice from when you signed the tenancy agreement and your landlord needs to give you two calander months).
Do not say you are looking at moving in X months time until have have bought the property and have a CONFIRMED move in date ( exchange happened)
It is better to have an overlap of a few weeks than being Homeless!!!

tim123456789

theartfullodger wrote: »

Rubbish: an AST can be as short as 1 day, )

In law yes, but find me the agent who will do it.

For all practical purposes, it's six months minimun or no let (or paying "holiday" rental rates)

macarena123

Thanks all for your help. I have been a good tenant (always paid rent on time, never given them gyp unneccesarily) so hopefully won't be an issue.

I don't mind overlapping for a month or so during the move, but don't want to get dragged into a potential dispute (house buying is stressful enough!!)

Will just be straight about wanting to be on a periodic tenancy; worst case I'll put my stuff in storage and stay with family for a month or two.

thanks again