Where do we stand?

Fake_Northerner

Hey guys. Quick question for you guys to mull over.

We're currently renting an apartment. Been here 2 years. Each time we've signed a 1 year contract. Our contract officially ran out 12th January. We're also in the process of buying a house. Completion date is estimated to be mid March at most (no chain).

We've just emailed our landlord as she hadn't emailed regarding renewing our contract (like she did last year) so we kind of left it.. We emailed today asking if we've automatically been put on a monthly rolling contract as that would be convenient to us and how much notice we would need to give to leave.

She's replied saying "We can offer a 6 or 12 month contract and there is a £50 admin charge. Can you confirm how you would like to proceed please?"

I've replied asking if we could come to an arrangement but just wondering where do we stand at all?

Yorkie1

Assuming England or Wales ...

You are already on a rolling contract and need to do nothing more. Do not sign any further contracts or negotiate any other arrangement.

When you have exchanged contracts, give 1 month's notice to end at the end of a rental period. Do not give notice until you have exchanged contracts or you risk being a) homeless or b) paying a penalty of extra rent if you stay beyond the end of your notice period.

AlexMac

Agreed; your LL has been lazy, so you've defaulted to a statutory periodic tenancy (as GM is probably saying to you as I type!).

So - yes, sign nothing

Which is good for you, as the LL has to give you 2 months notice whereas you can give the LL one Month's. Which she won't do as she's a procrastinator. You could send her a nice letter/card/email saying you're delighted to stay on... without getting legal or revealing that you know more about the law than he/she does!

Good luck with the next steps of moving on

chanz4

tough on her, you dont have to sign another agreement and you can go on a rolling contract

stator

Have you checked your tenancy to see if it stipulates what happens once the fixed period ends?

Either way you are now on a periodic tenancy, the only question is whether it is a contractual periodic tenancy or a statutory periodic tenancy. If it's an SPT you only have to give one whole rental month's notice.

Fake_Northerner

Thanks for the advice guys.

She replied saying "as a gesture of goodwill we can do a monthly contract but require 1 full months notice which would mean leave on the 11 th march?"

I know it's not just a gesture of goodwill (as you guys have pointed out) but I'm thinking of replying "Thank you for this gesture of goodwill. That's good news to us. We'll send an email on 11th Feb if our completion date has been finalised by then but if not it may be later."

Is that okay?

lee111s

I would just say that you'll provide one months notice as soon as you know more about your house purchase. Don't mention any dates

G_M

Read

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?)