Son just signed 6 month contract but wants to move help please

woodess

My son and his partner have just signed another 6 month contract for the house he is renting at the moment, they signed it early and didnt realise it came into force today, however they have just been to view another property which is a lot larger and better than the one they are in at the moment, they phoned the landlady and said how much notice would we need to give to move and she said you cant your new contract started today, all i can say is that where they and the landlady signed the contract it is blank where it says witness to signature, this aside is there anything they can do please.
thanks in advance

Werdnal

If the fixed term has started, it is binding on both landlord and tenant. The only option would be to offer the LL a financial settlement to allow them to "surrender" the tenancy. This would normally involve paying rent until new tenant moves in, and all marketing, admin and agent costs for advertising.

LL has no obligation to accept the offer though.

You son need not have signed a new fixed term at all. He could have requested the tenancy becomes an SPT, at the end of the previous term, and then only required to give 1 month's written notice to leave. Perhaps after this new FT ends, he could do this, to allow him to look eslewhere.

woodess

Werdnal wrote: »

If the fixed term has started, it is binding on both landlord and tenant. The only option would be to offer the LL a financial settlement to allow them to "surrender" the tenancy. This would normally involve paying rent until new tenant moves in, and all marketing, admin and agent costs for advertising.

LL has no obligation to accept the offer though.

You son need not have signed a new fixed term at all. He could have requested the tenancy becomes an SPT, at the end of the previous term, and then only required to give 1 month's written notice to leave. Perhaps after this new FT ends, he could do this, to allow him to look eslewhere.

can you tell me what an SPT is please and thankyou for your advise

HappyMJ

woodess wrote: »

can you tell me what an SPT is please and thankyou for your advise

Statutory Periodic Tenancy. The tenant can stay in the property for as long as they like and give 1 months notice when they want to leave but the landlord can give 2 months notice to the tenant to leave. With a 6 month fixed term he'll have the property for 6 months so has more security.

Werdnal

As above, once the fixed term part of any tenancy ends, there is no obligation for the landlord or tenant to sign a new binding term. The day after the end of the FT, if the tenant has not left, a Statutory Periodic Tenancy arises (SPT). This allows the tenant to give 1 month's notice to leave (must co-incide with a tenancy period, normally the date rent is paid), and the LL must give the tenant 2 month's notice if they wish to seek possession of the property.

Obviously, this gives the tenant less security than signing to another fixed term, but also gives more flexibility if their future plans are not known. I have let property for 13 years, and always give my tenants an initial 6 month FT, then allow it to run to an SPT. One tenant stayed nearly 5 years, never having signed another agreement. All the terms and conditions of the original tenancy are still binding, only the notice requirements change.

bretts

Werdnal wrote: »

As above, once the fixed term part of any tenancy ends, there is no obligation for the landlord or tenant to sign a new binding term. The day after the end of the FT, if the tenant has not left, a Statutory Periodic Tenancy arises (SPT). This allows the tenant to give 1 month's notice to leave (must co-incide with a tenancy period, normally the date rent is paid), and the LL must give the tenant 2 month's notice if they wish to seek possession of the property.

Obviously, this gives the tenant less security than signing to another fixed term, but also gives more flexibility if their future plans are not known. I have let property for 13 years, and always give my tenants an initial 6 month FT, then allow it to run to an SPT. One tenant stayed nearly 5 years, never having signed another agreement. All the terms and conditions of the original tenancy are still binding, only the notice requirements change.

Hi

I just wanted to know that we have come to an end of our fixed term tenancy. We had been looking for a property and found one finally, but we did extend for another 6 months after 1 year. Do you know if that is going to be a fixed tenancy again or it would be SPT. We have not received the contracts yet once we signed them.

Werdnal

If you have signed something, sounds like you have signed a renewal and are therefore bound to the term you have agreed. Not having copies of the agreement is irrelevant - it is signed and binding, but you should ask for copies if you haven't received them.

Tenants do not ever need to sign anything after their initial tenancy agreement starts - infact renewal is oftem just a ruse by agent to get fees from tenants and LLs! Obviously, being on an SPT gives less security, so some tenant and LLs do prefer to tie themselves into a known term.

If you have signed a new agreement, I suspect you are into a new FT, and cannot do anything until it ends. An SPT just happens automatically if you don't move out on the last day of the FT, and nothing needs to be signed or agreed.

Strapped

Help please? Teach your son to honour the contracts he signs. HTH.

G_M

No need for a witness to sign a tenancy agreement.

This post will explain the various options, and thelaw around your situation:

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?)