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Extend rent contract and break it, or ask for shorter contract?

2

Comments

  • Guest101
    Guest101 Posts: 15,764 Forumite
    Why not just extend it by 3 months?

    Just ask for a new tenancy until end of january and job done, if you need to stay longer then you go periodic, if not then you have what you wanted.
  • Guest101
    Guest101 Posts: 15,764 Forumite
    phemark wrote: »
    Makes sense. Thanks for this.
    So if they don't want to do rolling contract, will then ask for a shorter period, if possible at all.
    If not.... then will have to think of something else...

    If they dont want a rolling contract.... you ignore them, stay there until you get a valid s.21, then stay again, until they get to court, then stay again until the bailiffs arrive, which which point it'll be closer to 4 months and you'll have moved.
  • princeofpounds
    princeofpounds Posts: 10,396 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    If they dont want a rolling contract.... you ignore them, stay there until you get a valid s.21, then stay again, until they get to court, then stay again until the bailiffs arrive, which which point it'll be closer to 4 months and you'll have moved.

    It sounds like it's a new build, so who knows when it will actually finish? Plus 4 months is cutting it way too fine. I'd never try for more than 2 personally.
  • Guest101
    Guest101 Posts: 15,764 Forumite
    It sounds like it's a new build, so who knows when it will actually finish? Plus 4 months is cutting it way too fine. I'd never try for more than 2 personally.

    True. New builds rarely finish on time.

    But they certainly have 2 months minimum with notice, a court date in less than 4 weeks would be unlikely, and then bailiffs in less than 3-4 weeks is too.

    Not to mention that the LL may get the notice wrong.
  • harrys_dad
    harrys_dad Posts: 1,997 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    If you read the links above you will see the transfer to a SPT happens AUTOMATICALLY and is not down to whether or not the landlord agrees. This is by far the best option for you for two reasons:

    (i) It saves you paying unnecessary fees to the Letting Agent.
    (ii) You only have to give one month's notice.

    It also seems to fit your time scale perfectly.

    Do not believe anything the LA says, and when you automatically move onto the STP keep your intentions to yourself until you are certain you know the date at which you wish to leave. Make sure you give your one month's notice before the rent due date, so that there is a full month and more up to the next rent date.

    The worst that can happen is that you complete for the house a few days before your notice expires and you have to pay rent for that time.
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    READ the link you were provided. It clearly explains your options in law, and the practical considerations.

    Here it is again:

    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?)
  • mrginge
    mrginge Posts: 4,843 Forumite
    Guest101 wrote: »
    Why not just extend it by 3 months?

    Just ask for a new tenancy until end of january and job done, if you need to stay longer then you go periodic, if not then you have what you wanted.

    This is fine as long as the LL and/or LA don't understand that they wouldn't then be able to evict the OP until six months.

    If they are remotely competent then they won't agree to a three month extension.
  • Guest101
    Guest101 Posts: 15,764 Forumite
    mrginge wrote: »
    This is fine as long as the LL and/or LA don't understand that they wouldn't then be able to evict the OP until six months.

    If they are remotely competent then they won't agree to a three month extension.

    But they want them there for 6 months+, so don't see why they wouldn't agree?

    It's not like they need the house back after 3 months
  • mrginge
    mrginge Posts: 4,843 Forumite
    Guest101 wrote: »
    True. New builds rarely finish on time.

    But they certainly have 2 months minimum with notice, a court date in less than 4 weeks would be unlikely, and then bailiffs in less than 3-4 weeks is too.

    Not to mention that the LL may get the notice wrong.

    This is ridiculous advice.
    A load of supposition about how long things might take and what the LL might get wrong.

    I'm sure the OP would be delighted to find that after 'ignoring them' for a couple of weeks, the LL sent a valid s.21 which expired at or shortly after the end of the fixed term and applied immediately for possession, resulting in the OP being evicted sometime in early december.
  • Guest101
    Guest101 Posts: 15,764 Forumite
    mrginge wrote: »
    This is ridiculous advice.
    A load of supposition about how long things might take and what the LL might get wrong.

    I'm sure the OP would be delighted to find that after 'ignoring them' for a couple of weeks, the LL sent a valid s.21 which expired at or shortly after the end of the fixed term and applied immediately for possession, resulting in the OP being evicted sometime in early december.

    It's based on averages, actually. And if the LL says no, OPs choices are limited. Going onto an SPT is their best one. Most LLs wouldn't say no.

    They may serve correct notice, they may not. Your supposition is they do it correctly, yet no evidence for this either.

    Your scaremongering if u think I'm under playing it. The actual course of actions is likely somewhere in the middle.
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