Extend Tenancy Letter - Date Error

*Beki*

Received this letter in the post yesterday - the glaring error jumped out at me straight away and made me laugh! :rotfl:

But apart from requiring the ability to travel in time, is there anything I should do about it?



The tenancy doesn't expire for ages, and I was just going to let it go onto a rolling monthly agreement as it would be easier for my partner and I longterm (looking to buy a house early next year).

So should I respond to the letter stating our intentions? Or just leave it, and wait until nearer January? To me it just sounds like LA trying to make more money...

sandsni

Date error is typical of LAs unfortunately. Mind you, if they're that incompetent, it might be worth (politely) mentioning to your LL in case their incompetence lands all of you in hot water if it ever relates to something more serious.

If you want to go onto a rolling contract, it might be worth contacting the LL direct to make sure they're ok with that (before you contact the LA). Of course the LA won't want that as they'll lose out on your fees, but the LL is still paying them so it's his/her call. Otherwise you might find yourself being given notice as the LL might want the security of a 12 month contract. But if you've been good tenants up until now they might be quite happy for you to go onto a periodic tenancy.

Mr_Moo_2

^^^^ This.

Might also be checking back through your paperwork to see if a S21 was issued earlier - typically just after you signed up.

*Beki*

Hi - thought I'd resurrect this thread, rather than starting a new one.

LA are being awkward about letting us go onto a periodic tenancy after our fixed term ends (Jan 4th) - we only want to stay 2 more months after that, and have already verbally told them of our intention to vacate the property by March 4th. So they have more than enough time to prepare to get new tenants! But they say that we either need to sign another 3month or 12month contract, with a 2month break clause.

Obviously this makes no sense to what we want to do.

So if we refuse to sign another contract, can they serve notice on us now, and force us to leave in 2months even though that would go past the end of our fixed term tenancy and in effect be allowing us the periodic tenancy we want? And presumably this would have to be by Dec 4th?

Thanks.

G_M

*Beki* wrote: »

So if we refuse to sign another contract, can they serve notice on us now, and force us to leave in 2months even though that would go past the end of our fixed term tenancy and in effect be allowing us the periodic tenancy we want? And presumably this would have to be by Dec 4th?

Thanks.

You are currently still in the Fixed Term? They can serve a S21 Notice with 2 calender months notice (if not already done as a matter of routine earlier).

Once the tenancy goes Periodic, they can sere a S21 with two full tenancy periods notice.

They cannot force you to sign anything, nor stop you moving to a SPT other than by serving a S21.

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?)

Gwhiz

Typical LA trying to make money. Have you spoken to the LL directly - he may me more than happy with you on a SPT.

Gwhiz

*Beki* wrote: »

Hi - thought I'd resurrect this thread, rather than starting a new one.

LA are being awkward about letting us go onto a periodic tenancy after our fixed term ends (Jan 4th) - we only want to stay 2 more months after that, and have already verbally told them of our intention to vacate the property by March 4th. So they have more than enough time to prepare to get new tenants! But they say that we either need to sign another 3month or 12month contract, with a 2month break clause.

Obviously this makes no sense to what we want to do.

So if we refuse to sign another contract, can they serve notice on us now, and force us to leave in 2months even though that would go past the end of our fixed term tenancy and in effect be allowing us the periodic tenancy we want? And presumably this would have to be by Dec 4th?

Thanks.

Beki - even if they serve notice that's only the start of the process of getting you out of the property. Just stick to your guns and you will be there until you need to.

donfanatico

What have you done in the meantime since they sent the letter in October?

I would just ignore this letter and speak to the Landlord direct

*Beki*

Thanks guys!

We are indeed still in the fixed term - it ends 4th Jan, and we want to go onto a SPT to just stay an extra 2 months, which the LA are being unnecessarily awkward about.

I ignored the letter we received in October, but they've started phoning us and sending emails with "you must decide by this date" deadlines...

I think the best bet is to continue ignoring things! We've tried phoning the landlord but haven't been able to get hold of him yet.

My partner is worrying that if they issue us with an S21 now, that means we have to be out in 2months? Is that true?

chris_m

*Beki* wrote: »

My partner is worrying that if they issue us with an S21 now, that means we have to be out in 2months? Is that true?

No, it means that they can apply to the courts for possession in 2 months - that will not happen immediately, nor would eviction if possession was granted.

*Beki*

chris_m wrote: »

No, it means that they can apply to the courts for possession in 2 months - that will not happen immediately, nor would eviction if possession was granted.

OK- but do they have to give 2months according to the tenancy periods (ie. by 4th Dec) or can it just be from any date?

And if it can be any date, how does that work if it goes over the end of a fixed term into, effectively, an SPT when you would have to give 2 periodic months notice?

I'm just confused as to how you could refuse someone an SPT, but by giving them the 2months notice, in effect, be allowing a SPT for those 2 months?!