End of Tenancy Notices - and Rent Increase

Elle7

I've just been looking at my tenancy agreement, because everyone around me seems to be moving out, and I can't work out why!

It appears that myself and my joint tenant have signed different agreements. We've both signed both of them, so I don't suppose it matters, but one says that there MIGHT be a rent increase, and the other says that there WILL be one, and we need to pay 8% more in our February payment.

There is no mention to giving notice at the end of the tenancy - only for the break clause. It's a standard AST - do we need to write 2 months before if we want to leave? That would be Christmas. Or can we wait to see if the landlord does increase the rent, and then decide to go? Are we in a one-month rolling contract if we stay, or does paying the rent in February mean we agree to stay? We have to pay a £250 charge to extend the tenancy.

I'm a bit baffled, as you can probably tell, and being flu-ed up isn't helping with my understanding!

We had hoped to stay, because it's nice, but the rent increase will make it above the average around here, for what it is. The LL has also mentioned wanting to sell. We won't be around to get notice at Christmas though, we are away for a fortnight.

Benji

I think you need to give more details about the 'different' tenancy agreements, but essentially, if both names are on both agreements then it will be a case of which one was signed later.

Notice to leave. You do not need to give any notice to leave on the last day of a fixed term tenancy. The tenancy WILL end whether you give notice or not. If you remain in the property then a NEW tenancy is created by law.

After the end of your fixed term you must give at least ONE months notice to end the tenancy and that notice must end on the last day of a tenancy period (usually the day before rent day).

Any terms in a fixed term tenancy relating to ending the tenancy (eg, 2 months notice) do not carry forward into the new tenancy - common law applies.

G_M

See:

Rent increases (how and when can rent be changed)

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?)

If you have both signed 2 tenancy agreements, then the LL is likely to rely on the one most favourable to him (ie the one with the rent increase)!

There is a legal theory that where there is an ambiguity in a contract, then the courts would rule in favour of the person who did not draw the contract up - whether this applies here is dubious.

Were the 2 contracts signed at the same time? Or on different dates? Which was signed later?

Elle7

Both were signed at the same time, in the estate agents office. I read through mine fully before signing, but DP didn't because he was being shown keys etc.

I have no idea why they are different. I am fully expecting them to increase the rent, though!

I'm just wondering when we'd have to decide whether to leave. If we are still here in February, for our 13th rent payment, it looks like we'd owe them fees for continuing the tenancy, as well as the increase. The increase and extra fees seem to stop us being able to go on to a 1 month rolling contract for a while.

Thanks for the replies

lavalamp

Why don't you ask the LL if there will be an increase? Tell him you'll be leaving if there is - it may persuade him not to increase to avoid finding new tenants.... On the other hand, it may not, but worth a try if you're planning to leave anyway!

G_M

awpvicki wrote: »

Why don't you ask the LL if there will be an increase? Tell him you'll be leaving if there is - it may persuade him not to increase to avoid finding new tenants.... On the other hand, it may not, but worth a try if you're planning to leave anyway!

1) Why ask? Why put the idea into the LL's head!!!?

2) Read my link. Advance written notice must be given before the rent can be increased. No notification, you don't pay it.

dimbo61

Do not pay any tenancy renewal fees to the letting agents FULL STOP
If you stay longer than the last day of you current tenancy then it automatically goes onto a periodic tenancy without any fees,

Kazzaroo

dimbo61 wrote: »

If you stay longer than the last day of you current tenancy then it automatically goes onto a periodic tenancy without any fees,

Unless it specifically states in tenancy that a new tenancy must be signed,i have something similar in my TA,6 months AST then 6 months rolling before having to sign another 6 months AST then 6 months rolling (basically 1 tenancy agreement fee per annum)

Voyager2002

Kazzaroo wrote: »

Unless it specifically states in tenancy that a new tenancy must be signed,i have something similar in my TA,6 months AST then 6 months rolling before having to sign another 6 months AST then 6 months rolling (basically 1 tenancy agreement fee per annum)

Such a clause contradicts the law, and so is not legally binding.

The landlord is free to offer you another AST with another fixed term, and to charge you a fee for this. You are free to decline, not pay a fee nor sign anything, in which case you move on to a periodic tenancy. Of course, if the landlord does not want you to remain on a periodic tenancy he is free to give you notice.

G_M

Kazzaroo wrote: »

Unless it specifically states in tenancy that a new tenancy must be signed,i have something similar in my TA,6 months AST then 6 months rolling before having to sign another 6 months AST then 6 months rolling (basically 1 tenancy agreement fee per annum)

The Housing Act 1988 defines what happenes when a fixed term ends.

The only exception would be if the tenancy agreement defined a Contractual Periodic Tenancy as being created at the end of the fixed term. This is sort of what your TA is doing, but the requirement 6months later to sign a new agreement is unenforcible. That would be a matter of choice. If the tenant refused, either

a) the CPT would simply continue or
b) the LL could issue a S21 Notice and start eviction process.

Kazzaroo

Voyager2002 wrote: »

Such a clause contradicts the law, and so is not legally binding.

The landlord is free to offer you another AST with another fixed term, and to charge you a fee for this. You are free to decline, not pay a fee nor sign anything, in which case you move on to a periodic tenancy. Of course, if the landlord does not want you to remain on a periodic tenancy he is free to give you notice.

my situation has changed as there are new owners for the property and they arent using a LA so i wont have to pay the fees and will just sign a new TA when existing one runs out but i was under the impression that it was perfecting legal for a LA to charge a T another TA fee once the TA runs out,upon thinking about it further now i am assuming Statutory law supersedes contract law ?