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

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  • chrisll
    chrisll Posts: 11 Forumite
    Seventh Anniversary First Post Combo Breaker
    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.

    Yes you are right. Thanks for your help with this.
  • AFK_Matrix
    AFK_Matrix Posts: 682 Forumite
    No I would just email the Landlord and then also WRITE to him and leave the agency out of the equation entirely. If the LL agrees to a periodic then you can inform the agency of this and if they raise a stink tell them to talk to the LL that employs them as he has ok'd it.
  • chrisll
    chrisll Posts: 11 Forumite
    Seventh Anniversary First Post Combo Breaker
    AFK_Matrix wrote: »
    No I would just email the Landlord and then also WRITE to him and leave the agency out of the equation entirely. If the LL agrees to a periodic then you can inform the agency of this and if they raise a stink tell them to talk to the LL that employs them as he has ok'd it.
    Werdnal wrote: »
    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...

    Actually that sounds great. I'll try to get the LL on board first.
  • ValHaller
    ValHaller Posts: 5,212 Forumite
    1,000 Posts Combo Breaker
    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?
    At the moment you are only on the radar for your 6 months coming to an end. I suggest you stall. 'We are still deciding' etc until you have less than a month to the end of the tenancy. At that point any S21 served will only countdown from the end of the tenancy and you will have 2 months grace. Save contacting the Landlord until you reach that point - by which time you may know more about your house purchase situation.
    You might as well ask the Wizard of Oz to give you a big number as pay a Credit Referencing Agency for a so-called 'credit-score'
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Werdnal wrote: »
    I would do it the other way around - email the LL and CC the Agent (or email LL and tell agent afterwards!).

    .....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 -..

    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...
    Completely agree!
  • thelem
    thelem Posts: 774 Forumite
    There is also no need to tell the landlord why you want to switch to an SPT - not wanting to pay agency fees is as good a reason as any. If you tell the landlord you are planning to move out in a few months anyway then they may prefer to find new tenants who will stay longer, particularly if your potential move-out date approaches Christmas when it's hard to find new tenants.
    Note: Unless otherwise stated, my property related posts refer to England & Wales. Please make sure you state if you are discussing Scotland or elsewhere as laws differ.
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