Help!!! Landlord wants us to sign a new contact halfway through tenancy agreement?!

glowsticks

Just notice there is a break clause, and some other grounds noted at the end of the contract that i've got.. but it looks ok. The grounds i'm not sure of - Ive attached 2 small images!

http://s8.postimg.org/uofoid411/groun1.jpg

http://s22.postimg.org/e8annzpvl/groun2.jpg

any help appreciated!

BurtLi

Don't let the landlord pressure you to do anything. They don't have as much power as you think they do.

booksurr

glowsticks wrote: »

Just notice there is a break clause, and some other grounds noted at the end of the contract that i've got.. but it looks ok. The grounds i'm not sure of - Ive attached 2 small images!

http://s8.postimg.org/uofoid411/groun1.jpg
this is effectively "housekeeping". It has no effect on your current position as where the house was previous indeed the LL's own home these clauses are required in order to make allow the LL to use a certain route in court

It has no impact on your notice periods now and certainly does not mean the LL can serve a S21 during the fixed period.

Obviously the second clause covers the lender in the event of repossession, it has no impact on you

http://s22.postimg.org/e8annzpvl/groun2.jpg

the break clause is effectively not a break - all it does is confirm in writing that neither you nor the LL can terminate the contract before the fixed period is ends on 24 Sept 2015. Thereafter, as stated elsewhere in the contratc the agreement is intended to roll over to periodic, the notice periods required during the periodic tenancy are defined as LL 2 tenant 1 - note see * below

any help appreciated!

* clause 2.5 is not a break clause since it does not give grounds for breaking the contract during the fixed term

it does however define what notice periods are required during the subsequent periodic tenancy. Therefore as those periods are defined in the contract they replace the default periods applicable under a SPT as you would then have a contractual periodic tenancy. You will note the the contractual periods are actually in your favour since the tenant is merely required to give at least 1 month notice, whereas a SPT ties it in with the tenancy period . Whether that was intentional or the LL is simply ignorant we will never know

stator

booksurr wrote: »

You will note the the contractual periods are actually in your favour since the tenant is merely required to give at least 1 month notice, whereas a SPT ties it in with the tenancy period . Whether that was intentional or the LL is simply ignorant we will never know

It does say

2.6.2 While the tenancy is periodic the one month's written Notice must expire the day before a Rent Due Date

MisterB1959

the reality is this - when your current tenancy agreement ends, you WILL get the new 'revised' terms offered to you, so if you don't agree with them now, you wont agree with them then! so if you don't accept the new terms, you WILL be moving ! do you want to move?


if you will accept the new terms in 8 months, then why not accept them now ?? you might even get some brownie points if you point out that you are not required by law to sign the new agreement, but you will as a gesture of goodwill to help the landlord.

freeisgood

MisterB, wouldn't it then go on to rolling contract automatically, without the need for the tenants to ever sign anything?

Argghhh

they have said they are moving at the end of tenancy - so no need to sign anything
if they went onto a rolling contract - landlord will give them 2 months notice to evict
if they dont move they will have 2 months to sign it or be evicted

glowsticks

Thank you for your help everyone.

Yes, we are moving at the end of the agreement anyway so all is good in the hood. Obviously if he offers us an incentive like cheaper rent i'd sign but at the moment its only quids in for himself so we're happy to see it through to the end.

Can't value the advice i've had here enough, thank you!

MisterB1959

freeisgood wrote: »

MisterB, wouldn't it then go on to rolling contract automatically, without the need for the tenants to ever sign anything?

yes it would, but the LL then has the option to issue a section 21 notice (with no reason being given) - which gives the tenant 2 months notice


but in this case the tenants intend moving, so they have nothing to lose from the information given in signing a new lease, in fact they have a lot to gain ...... if they can come to some sort of understanding

glowsticks

Update,

The landlord has said it is important for him to get the new mortgage so will compensate us for £250.

I'm not a complete !!!!!! and dont want to stand in his way, it is his business and we've had no issues at all. I'm a fair person at the end of the day (Not a money grabber either, this will go straight into the bank for when we move).

I am thinking this is suitably fair as it covers any increase in the fees we may end up liable for and potentially for any pests (which I will see to are cleared out.. they aren't nesting at as of yet so I can just block the small hole).

How do you think this sounds?