What happens at the end of an Assured Shorthold Tenancy please?

peachespeaches

We are taking on an assured shorthold tenancy. The Estate Agent said it would be for 6 months initially. Im a bit confused at what happens at the end of the 6 months. I have heard about periodic tenancies and wondered if this happens automatically. Somewhere along the line somebody said something about automatically giving notice after 4 months ??? cant remember who or why?

If its nice we are hoping to stay there fairly long term. Will they put the rent up after 6 months? What is the best thing to do to ensure we have a roof over our head, but dont commit ourselves for too long in case we dont like it?

Gorgeous_George

After 6 months (exactly) you can leave without giving notice but it would be rather rude not to let your LL know that you were leaving.

If your LL wants to take repossession of the house (s)he needs to give you notice in the correct format 2 months or more before the tenancy ends.

If you stay beyond the 6 months, by as little as a day, you would be required to give one month's notice (to end on a rent day). The LL still needs to give 2 months' notice. This is a periodic tenancy.

Alternatively, the LL could offer a new fixed tenancy for a further 6 months to two years. This would give you security of tenure and the LL would have a tenant for set period.



GG

peachespeaches

Thanks George. Do they only give you notice at 4 months (i.e 2m before 6m) if they want you out for definite? (Have I imagined it that someone at the agents said they automatically give notice?) Do I have to let them know if after 4 months I want to stay to stop them giving notice?

silvercar

I think most agents/landlords serve what is known as a section 21 notice after the tenancy has started. This states that the landlord wants the property back at the end of the tenancy. Although it sounds like it gives you notice to quit, in practice it just gives the landlord the option to end the tenancy at the end of the tenancy notice period. In reality the future tennacy will be discussed near the end of the current tenancy.

Gorgeous_George

Hi peachespeaches

As silvercar says, some agents/LLs will serve notice to keep their options open. I think that this is a deplorable and wholly unnecessary way to do business. Instead, I advocate open and honest discussion. If my tenant wants to stay on a periodic basis, that is fine. However, if they want security of tenure, I am happy to discuss a furter AST for 6/12 months but only if the rent has been paid on time and the tenant has looked after my property.



GG

peachespeaches

Thanks again. I'm really a novice at this, having previously been with a housing association and used to the security it provides.

Can I expect the landlord to keep dropping in to check up on me? I know that they are supposed to give notice, but in reality I wondered what happens? Do they keep turning up to see if youve done any damage? Im being a bit over cautious expecting the worst, but I have two young children and cant just move at the drop of a hat.

tweetyshells

The LL needs to give you notice before they come and inspect.

Mrs_pbradley936

If you want to stay there long term DO NOT fall for the con trick of paying a fee every six months to re-do all the paperwork. Some agents do this to people. When you have been there for 4 months it might be worth enquiring as to the situation. For example is the owner away and wants to move back in or is the property let on a permanent basis i.e. if you move out will they be looking for someone else to move in.

franklee

silvercar wrote: »

I think most agents/landlords serve what is known as a section 21 notice after the tenancy has started. This states that the landlord wants the property back at the end of the tenancy. Although it sounds like it gives you notice to quit, in practice it just gives the landlord the option to end the tenancy at the end of the tenancy notice period. In reality the future tennacy will be discussed near the end of the current tenancy.

A section 21 notice IS a notice that the landlord unequivocally and without reservation requires possession of their property, in short it IS a notice asking the tenant to leave and it is VERY misleading of you to state otherwise.

Don't you landlords think it hypocritical that on the one hand you are effectively telling tenants it's OK to ignore notice given by the landlord and yet on the other hand threaten any tenants who do just that with bad references and court action!

How is the tenant supposed to know which S21's they can ignore and which they can't? Fact is all S21's mean exactly the same thing and even if the tenant (through mind reading abilities) works out which is which it can still change at any time on the whim of the landlord.

Gorgeous_George wrote: »

As silvercar says, some agents/LLs will serve notice to keep their options open. I think that this is a deplorable and wholly unnecessary way to do business.

Quite right, it is deplorable! Thank goodness (or rather thank Gorgeous George) there are still some decent landlords out there. The law intended tenants should receive two months notice but there are plenty of landlords wanting to trick you out of this right. They serve notice at the start of the tenancy as a precaution in case they want you to leave later on but with the hint you may be able to stay so you don't know if you should start making arrangements to move or not. If you want to know more on this search for Sword of Damocles. Oh and check all paperwork you are given for a section 21 notice, you may even be served it on day 1 of the tenancy. If you get one make sure you fully understand what it means especially if you are not able to move in a hurry!

thesaint

franklee wrote: »

Don't you landlords think it hypocritical that on the one hand you are effectively telling tenants it's OK to ignore notice given by the landlord and yet on the other hand threaten any tenants who do just that with bad references and court action!

Which landlords? No one on this thread has said that they do this.

franklee

thesaint wrote: »

Which landlords?

I am asking the opinion of any landlords here, except for the jokers amongst us.

thesaint wrote: »

No one on this thread has said that they do this.

silvercar indicated they do but there are plenty of other threads where this has been discussed before. I've pulled out a few examples:

For landlords issuing S21 notices when they don't actually want possession, the so called Sword of Damocles, see:

http://forums.moneysavingexpert.com/showthread.html?t=366877&highlight=damocles
http://forums.moneysavingexpert.com/showthread.html?t=354451&highlight=damocles

The above threads also discuss threats of bad references for not leaving when the S21 expires should the landlord decide, even at a late stage, he does want possession after all.

The most recent thread with the threat of bad references is below, even though it seems to me there isn't a valid S21. In the end the OP manged to get three weeks notice which is better than being told to leave immediately, as the agent was originally doing, but is still short notice:

http://forums.moneysavingexpert.com/showthread.html?t=471637

Hope that helps. There are plenty more examples, I've just picked out a few.

To sum up a tenant should be wary of ignoring a S21 notice and understand what it means if they do, although they do NOT HAVE to move out on expiry of the notice. A tenant should get all offers they can remain IN WRITING so that they have proof the existing S21 is now invalid. Failure to do this may mean having to move with little notice or risking a bad reference and court action. The exception is the tenant wanting council housing who has been told to stay put by the council, in which case they should stay and the tenant buying a house due to complete soon so they don't need another reference.