Need to stay 1-2 (or more) months after fixed term tenancy ends. Do I have any rights

chrisll

Hello my fixed term tenancy ends in august this year but have just started the process of buying a house. I want my tenancy to converrt to a rolling month by month basis but have been sent a letter by the agency giving us the option to pay a fee and stay for 6 more months or to leave.

I know if nothing is agreed my tenancy should revert to a periodic tenancy but am worried that the agency will convince my landlord to serve us notice to leave if we don't sign a new fixed term and make them some money.

I may even be able to move out at the end of the tenancy as there is no chain in buying the new house but I don't want to agree to move out and then have no where to live.

I haven't spoken to my landlord or agency about this yet and they may be very helpful but I want to know what rights I have before I do incase they are unreasonable and ask us to leave.

Thanks

BitterAndTwisted

If your landlord is not interested in hearing about you going on to a periodic tenancy, they could choose to issue you with a Section 21 Notice giving you two rental-periods notice that they are seeking to end your tenancy. Depending on the precise date in August, they are going to need to move pretty fast. They cannot bring your AST to an end before it expires in August.

For the time being I would ignore the agent's blandishments to re-sign an AST and wait until there is less than two rental-periods until the end of current your AST and then disclose your intentions.

chrisll

BitterAndTwisted wrote: »

If your landlord is not interested in hearing about you going on to a periodic tenancy, they could choose to issue you with a Section 21 Notice giving you two rental-periods notice that they are seeking to end your tenancy. Depending on the precise date in August, they are going to need to move pretty fast. They cannot bring your AST to an end before it expires in August.

For the time being I would ignore the agent's blandishments to re-sign an AST and wait until there is less than two rental-periods until the end of current your AST and then disclose your intentions.

Thanks that sounds great. The tenancy ends on the 18th so as we are past it does that mean the ealiest they could force us out would be the 18th of September if they issue the notice before the 18th of July?

Also am I correct in thinking I only have to give 1 months notice if I wish to leave?

BitterAndTwisted

chrisll wrote: »

Thanks that sounds great. The tenancy ends on the 18th so as we are past it does that mean the earliest they could force us out would be the 18th of September if they issue the notice before the 18th of July?

There is no "forcing out". They could choose to issue you with a Section 21 Notice this afternoon, but that's just telling you that they could choose to apply to the court for possession after the expiry. Applying to the court and getting a court-date are two very different things. Courts tend to be extremely busy, so a court-date may not be secured for weeks, maybe months.

Also am I correct in thinking I only have to give 1 months notice if I wish to leave?

One rental-period's notice, not one calender month.

G_M

Read:

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?)

G_M

BitterAndTwisted wrote: »

If your landlord is not interested in hearing about you going on to a periodic tenancy, they could choose to issue you with a Section 21 Notice giving you two rental-periods notice that they are seeking to end your tenancy. Depending on the precise date in August, they are going to need to move pretty fast. They cannot bring your AST to an end before it expires in August.

For the time being I would ignore the agent's blandishments to re-sign an AST and wait until there is less than two rental-periods until the end of current your AST and then disclose your intentions.

If the LL serves a S21 Notice during the Fixed Term (ie before end of August) it is at least 2 calender months, ending on/after the end of the fixed term.

Have you already received a S21(sometimes served early in a tenancy)?

If so, the LL can apply to the courts immediately after the FT ends.

chrisll

G_M wrote: »

If the LL serves a S21 Notice during the Fixed Term (ie before end of August) it is at least 2 calender months, ending on/after the end of the fixed term.

Have you already received a S21(sometimes served early in a tenancy)?

If so, the LL can apply to the courts immediately after the FT ends.

No we haven't received one of thoes. I'm hoping the landlord will be fine with letting us carry on in a periodic tenancy but obviously the agency want to make money by asking us to sign another contract.

Thanks for all your help, it is good to know that at worst we will have an extra month (if I'm understanding correct) from the end of our fixed term.

Werdnal

Agents often bluff landlords into thinking the tenant has to sign up or leave aswell. They also charge the LL for renewals!

If the landlord does not understand the option of an SPT, they may well bow to the agent's suggestion that you have no choice. Many is the newbie LL who has posted here that their tenant's tenancy is illegal, not valid or similar, just because they have refused to sign a renewal! Its what the agent doesn't tell the LL (and tenant) that can be most important ...

Try to get your request direct to the LL and explain that an SPT is an option for you both. The more landlords who are made aware of this, the less agents can wheedle extra and totally unnecessary fees out of landlords and tenants alike!

chrisll

Werdnal wrote: »

Agents often bluff landlords into thinking the tenant has to sign up or leave aswell. They also charge the LL for renewals!

If the landlord does not understand the option of an SPT, they may well bow to the agent's suggestion that you have no choice. Many is the newbie LL who has posted here that their tenant's tenancy is illegal, not valid or similar, just because they have refused to sign a renewal! Its what the agent doesn't tell the LL (and tenant) that can be most important ...

Try to get your request direct to the LL and explain that an SPT is an option for you both. The more landlords who are made aware of this, the less agents can wheedle extra and totally unnecessary fees out of landlords and tenants alike!

Well I have the landlord and agencys email addresses. I was planning to send an email to the agency ccing the landlord and let them know our situation and ask they they let us continue on a periodic tenancy. Do you think thats the best plan of action or should I talk to the landlord first?

BitterAndTwisted

It's not a matter of "letting" you continue onto a periodic tenancy: one automatically arises the day after the fixed-term ends.

As in all things in life, we are more likely to get what we want by being clear, honest and straightforward while giving the other party the benefit of the doubt that they will, too.

I think it would be sensible to let the landlord know your intentions by email and cc the agent.

Werdnal

chrisll wrote: »

Well I have the landlord and agencys email addresses. I was planning to send an email to the agency ccing the landlord and let them know our situation and ask they they let us continue on a periodic tenancy. Do you think thats the best plan of action or should I talk to the landlord first?

I would do it the other way around - email the LL and CC the Agent (or email LL and tell agent afterwards!).

Your tenancy is and always has been between you and the LL - the agent is just the "man in the middle". Its not unheard of for agents to say "Oh, we don't do statutory periodic tenancies", but the LL is in control here, and if he wants an SPT, he must tell the agent how he wants them the run the tenancy - he pays their commission for exactly that, so can set his own terms.

Get the LL onside first, then the agent will have to comply! the day after your FT ends, if you are still in the property, and SPT automatically arises anyway, so there is nothing the agent can do about it then...