Can I arrange my own renewed Tenancy Agreement?

Waves_and_Smiles

I have been waiting for a new agreement for my flat for 8 weeks (Private landlord,1 bedroom flat, I have lived here for 5 years). It is always slow to arrive every year with much nagging from me. I have been emailing the person who deals with it (who is lovely, we get on very well) every week to ask for a new one and it has been ignored and we talk about other things instead. Out of desperation I asked if I can take last years agreement (they are always identical) and blank out or signatures and alter the date,resign it and date it for this year and send two copies and a stamped addressed envelope so that she can sign them both and send one back to me. To my surprise she said that's fine and I can skip sending the usual admin cost. Is this legal? Can I arrange my own agreement?

I know I could go onto a rolling contract but as I am on housing benefit and also very unwell I prefer having two months notice to move if evicted, plus I am a huge worrier and need everything official for peace of mind.

Thank you so much for any help.

benjus

There's nothing unofficial about a rolling contract - it's simply the continuation of your current tenancy agreement as specified in law. The notice period is two months on the landlord's side, one month on yours.

I can't see why there would be a problem if you draw up your own contract, as long as the landlord is happy to sign it.

G_M

worried_and_scared wrote: »

...... To my surprise she said that's fine and I can skip sending the usual admin cost. Is this legal? Can I arrange my own agreement?
Does not matter who writes it provided both of you sign it.

I know I could go onto a rolling contract but as I am on housing benefit and also very unwell I prefer having two months notice to move if evicted,
If you go onto a 'rolling contract' (Statutory Periodic Tenancy) the LL has to give you 2 months notice via a S21 Notice
plus I am a huge worrier and need everything official for peace of mind.
A SPT is perfectly 'official'. It is created by Parliament via the Housing Act 1988
.

See:

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?)

Waves_and_Smiles

Thank you both so much, I feel so much better. I had no idea that I still had rights without an in date agreement. You have put my mind at rest.

dancingfairy

You might still be better off pushing for a 1 year tenancy agreement though, particularly if you can get one with no break clause (ie you are guranteed to be there for a year and can't be given a no fault notice), it depends on how much the fee is. Even one where you can't be given notice before 6 months is up might help you.
Have a chat with the landlord, explain that you would like security of tenure and would very much like to sign a years contract and point out that they then have the security of knowing you will be there for the next year - they might be happy if they appreciate what's in it for them.
df
Edit: worst case scenario is that you go onto a rolling contract and the landlord wants you out for whatever reason, they then have to give you 2 months notice. They then have to take you to court, they then have to appoint the bailiffs. The whole thing can quite easily drag out to 6 months or more. Obviously that wouldn't be ideal but my point is that the landlord can't throw you out without going to court and following all the procedures and that is a) expensive for the landlord and b) time consuming and hassle they probably don't want. It doesn't sound like they have any reason to do this and it would take a while.