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Assured Shorthold tenancy agreement due to expire, what now?

karljt2013
karljt2013 Posts: 88 Forumite
edited 3 February 2015 at 10:08PM in House buying, renting & selling
I have just received a letter from my landlord informing me that my assured shorthold tenancy 1 year agreement is due to expire and the letter offers me another 6 month tenancy at a cost of a £25.00 fee or I can sign a 12 month tenancy for free.

Is there not a third option? I have lived in this property for 2 years now and I signed TWO 1 year contracts. I don't want to commit to this property and I want to leave when I choose.

What rights do I have? Can I ask for a month to month lease? Is the landlord entitled to jack the rent up sky high in retaliation?

I need to know what my options are. I have been more than generous signing two 12 month contracts and I am not signing a third.

Any information would help,

Thanks

Comments

  • You're not obliged to sign a new lease. When your lease expires you will normally enter what is known as statutory periodic tenancy (SPT).

    If you are on an SPT, you can normally leave with one month notice. The landlord has to give you two months. Google for SPT notice to see the precise rules.

    Of course, if the landlord doesn't want you on an SPT and you don't sign a new lease, they may choose to issue you an S21 notice and begin proceedings for evicting you, but you can't just be kicked out.

    If you're a good tenant then the landlord may be happy for you to go onto an SPT. If you are on good terms with your landlord I suggest you have a chat with them.
  • stator
    stator Posts: 7,441 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    The above is correct. Are you dealing with an agency or a landlord direct?
    Often it's just a money making exercise by the rental agency and the landlord would be happy for you to move onto a periodic tenancy.
    Also check your tenancy and see if it mentions what happens when the AST runs out, does it mention a periodic tenancy? This will determine whether you are on a "statutory" or "contractual" periodic tenancy
    Changing the world, one sarcastic comment at a time.
  • pyueck
    pyueck Posts: 426 Forumite
    Sounds like your situation is a SPT. The landlord can't change the rent unless your agree to it. If the landlord doesn't want to agree to this he can serve you with a S21, which gives you at least 2 months. Don't feel forced to sign an agreement for longer than you want to stay in the property. Explain your situation to the landlord, you have no immediate plans to move but don't want another long term tenancy. From the landlords perspective while he doesn't have the certainty of the place being filled, he saves on any agency fees and void periods when finding somebody, not to mention the risk of the new tenant being worse. Ultimately up to yourself and the landlord to agree, but make sure the agreement works for you and not just the landlord.
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