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Renewal of contract and extension or lease: can my landlord do this?

can any wise rental types out there advise me please?

I've been renting a property for just over 5 months now and have been advised that after the original 6 month tenancy has expired it will go onto a month-on-month rolling contract as per usual.

However - I am arranging to get someone in to share the house and the contract, as originally agreed with the landlord, and the agent is going through the referencing arrangements at present (for a hefty fee).

The landlord has now asked that, since we are renewing the contract to make it a joint one, they want it to be for a twelve month period and not six months. Can they do this? am I obliged to accept?

The person moving in doesn't want a contract for longer than 6 months and neither do I. However I don't want to move out of my home right now either. :(

Help!

Comments

  • Hump
    Hump Posts: 519 Forumite
    Part of the Furniture
    It's all open to negotiation! If you do nothing then the landlord will either have to accept that the other person is living with you or serve you with a notice, generally giving you 2 months notice - negotiate, negotiate, negotiate!
  • LisaV
    LisaV Posts: 43 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    Thanks for the response Hump. I guess they could decide to serve notice if they don't like the 6 month arrangement, although it would seem a bit stupid as they have a good tenant!
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    LisaV wrote: »
    can any wise rental types out there advise me please?

    I've been renting a property for just over 5 months now and have been advised that after the original 6 month tenancy has expired it will go onto a month-on-month rolling contract as per usual.

    However - I am arranging to get someone in to share the house and the contract, as originally agreed with the landlord, and the agent is going through the referencing arrangements at present (for a hefty fee).

    The landlord has now asked that, since we are renewing the contract to make it a joint one, they want it to be for a twelve month period and not six months. Can they do this? am I obliged to accept?

    The person moving in doesn't want a contract for longer than 6 months and neither do I. However I don't want to move out of my home right now either. :(

    Help!
    Of course not. You cannot be forced to sign a contract if you don't want to.

    Either
    * negotiate /insist on a 6month contract or
    * agree to 12 months or
    * do nothing, move to a SPT (monthly)

    If STP, the LL could decide to evict you (2 months minimum), but would he? Then he has a month or 2 with £0 rent plus marketing costs to find new tenant, who might be the tenant-from-hell compared to you!

    see

    Ending/Renewing an AST (what happens when the Fixed Term ends?)(What is a Periodic Tenancy?)(How can a LL remove a tenant?)(How can a tenant end a tenancy?)
  • Yorkie1
    Yorkie1 Posts: 12,171 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    There might be a further option, of a 12 month tenancy but with a break clause from six months. You'd need to be very careful in checking the wording of the clause, to make sure it gave you the flexibility you needed. E.g. That it doesn't limit you to only giving notice at one particular time.
  • tbs624
    tbs624 Posts: 10,816 Forumite
    edited 4 April 2013 at 6:24PM
    If the LL absolutely won't accept a further 6 month FT then perhaps Yorkie's suggestion would be a good compromise.

    Perhaps the LL is wary of fees being slapped on him every 6 months by the LA ( it's not just Ts who get to cough up for renewals etc)

    Most LLs who have a reliable T in situ tend to be open to negotiation.It makes little sense tha the LL was happy with an initial 6 months plus a subsequent SPT but now wants a min of 12 months FT.It's usually the case that with any new T coming in an experienced LL will *only* offer 6 months in case the new additional T turns out to be a wrong 'un.

    Is it a property that would be easily let to other Ts if you try to play hardball and say "6 months FT or nothing"?
  • agrinnall
    agrinnall Posts: 23,344 Forumite
    10,000 Posts Combo Breaker
    I think the LL holds the high cards in this situation, while the OP could move to a SPT the LL can simply say no additional tenant unless a new tenancy agreement is signed. So if the OP wants to stay the choices are 1) go it alone on a SPT paying the full rent, 2) agree to the 12 month tenancy, 3) try to negotiate a shorter tenancy or one with a break clause - but I think you'll have to try hard to win this one.
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