Can landlord ask 5 months notice of intention to stay?

oneonefourone

Hello!

If anyone has advice it's much appreciated as I haven't found anything online on this.

We are on a 12 month fixed term contract running June to July. Our landlord made us sign a pre-emptive section when we filled out our lease for the flat.

The reason behind this is it suits the landlord. We live in a student-y neighbourhood, where the lets often run June-July.

This is our second year in the flat. After year one, he refused to let us go month to month and forced us to sign a new lease for another year with another section 12.

This year, as he did last year, he has gotten in touch Feb 2 to give us until Feb 9 to give notice of whether we're going to sign for another year come July 1. This is essentially 5 months notice and is unrealistic for us. We're looking to buy a house, but might not be ready by July. OR we might decide to get a new rental because we don't want to get locked into another year if we find a house in the summer (and the landlord has been a pain to deal with generally).

What are our rights? Can he force us to declare our intentions five months before the end of our lease? If we decline to, can he just list our apartment anyway?

Thanks!

stator

For now he can't force you to do anything, you can stay until July. (assuming no breach of tenancy)
However by July he can evict you for no reason whatsoever by using the proper methods.
So it's really a question of whether you want to call his bluff.
If you refuse to sign he might evict you out of spite in July. Or he might decide it's not worth the hassle and let you stay on.

If you think there is a good chance you want to move this year I wouldn't sign it.
If you really don't want to move in July then you may want to sign it.

kinger101

Think of it from the LL's point of view. It's a student property, and if you're not going to stay, he needs to be showing the next prospective tenants around soon. This is the time of year undergraduates sort housing out. If he waits until June, he runs the risk of having the property empty for a year.

If you wanted something month-to-month, you should have let an appropriate property to being with. It's not five month's notice. It just a matter of letting a twelve month agreement expire. You're not on a periodic tenancy. The clue is in the "fixed term".

pyueck

If you don't want to sign up for another year and the landlord doesn't want a periodic tenancy then the only option is for the tenancy to end in July. Has he actually given you a S21 to leave at the end of the tenancy, until he does this the property will automatically convert to periodic tenancy in July until the landlord issues you with a S21 which must be for at least two months time.


The annual rent period sounds standard for a student area. I suggest if you really don't want another long contract, tell the landlord that you want to stay but will move out unless he allows a periodic tenancy. He may agree to this to prevent the hassle and costs and risks of new tenants, but if he doesn't then find somewhere else.

jjlandlord

He wants to know now because now is the time to market to student for next year. In July it'll be too late.

As such, comes July he won't evict you.

Guest101

Just ignore him?

Seems too obvious. But think it might just work.

oneonefourone

Thanks for the replies!

I do think of it from the landlord's perspective and what I think is it's stacked in his favour. It's not a student property. It was marketed and let to me as a professional property. In fact, a point of contention is that the landlord told me he "doesn't let to students" while we've spent the last two years with different sets of annoying students in the flat below us owned by the same landlord. He later told me what he ACTUALLY said was he "doesn't rent to typical students". Whatever that means. The ones we've had have seemed pretty typical and are more or less nice, but still on different schedules to us and a bit frustrating. We're on the edge of a student area, but that's not my problem that his property is in a market that is active now and less so in June.

We've been tenants with 0 problems for him for two years and all I want is a little flexibility. If I had known he wouldn't give us a periodic tenancy and would force us to sign a s21 in advance before we paid over £200 for 'credit checks' to the EA, I would have looked elsewhere. As it was, he sprung all this on as at the signing of the lease proper. I can't quite recall, but the s21 might have been on the move in day actually.. Bit over a barrel at that point with little power to negotiate!

I think I will write to him and tell him we're not sure of our plans yet and can't give him an answer by 9 Feb and see what he says. I'm prepared to move this year anyway in the worst case scenario. All I really want is another couple of months for the housing market to pick up in the spring and our decision might be made for us!

Thanks again.

pyueck

A section 21 released before the deposit is protected is not valid anyway. However saying that he could issue you one before the end of the tenancy.


I think your underplay your hand. If the landlord doesn't want to rent to students then the student timetables are irrelevant. If you are a good tenant, then good chance the landlord will let you stay there on a periodic tenancy. If he doesn't the landlord needs to find new tenants who may not be as good as you.


Of course the landlord would like you to sign another tenancy, but I am sure second best for him is you staying on a periodic tenancy.

oneonefourone

Ha, you might overestimate my landlord pyueck! He introduced the s21 to us as something that "protects him against squatter's rights" (aka periodic tenancies?) and complained that someone was trying to pull this over on him at the moment.

Looking at the s21 it might not be valid as it was definitely served before we received prescribed information.

My main concern was that he'd turn around and say he's listing it now anyway, but I wasn't sure if he could do that. I still plan to give at least two months notice of our intention and if he decides to be a jerk about it, we'll move. We're just a bit undecided and feel pressured into making some decisions in a week!

kinger101

oneonefourone wrote: »

Thanks for the replies!

I do think of it from the landlord's perspective and what I think is it's stacked in his favour. It's not a student property. It was marketed and let to me as a professional property. In fact, a point of contention is that the landlord told me he "doesn't let to students" while we've spent the last two years with different sets of annoying students in the flat below us owned by the same landlord. He later told me what he ACTUALLY said was he "doesn't rent to typical students". Whatever that means. The ones we've had have seemed pretty typical and are more or less nice, but still on different schedules to us and a bit frustrating. We're on the edge of a student area, but that's not my problem that his property is in a market that is active now and less so in June.

We've been tenants with 0 problems for him for two years and all I want is a little flexibility. If I had known he wouldn't give us a periodic tenancy and would force us to sign a s21 in advance before we paid over £200 for 'credit checks' to the EA, I would have looked elsewhere. As it was, he sprung all this on as at the signing of the lease proper. I can't quite recall, but the s21 might have been on the move in day actually.. Bit over a barrel at that point with little power to negotiate!

I think I will write to him and tell him we're not sure of our plans yet and can't give him an answer by 9 Feb and see what he says. I'm prepared to move this year anyway in the worst case scenario. All I really want is another couple of months for the housing market to pick up in the spring and our decision might be made for us!

Thanks again.

OK, you were fooled once. But why sign the 2nd 12 month agreement? It is now your problem that the student market is active now and not June, and there is no point pretending otherwise.

Best you can do is check the dates deposit was protected versus date s21 was issued; and then be silent on this if LL has made an error and thus commence a SPT. It will buy you some time. Only the courts can ultimately evict. Not sure what your plans are after this tenancy (buying or renting) but it can take months to complete anyway so you might have to find something short-term still.

hostie

Ask yourself how easy it would be for the LL to find other people to take the property after October (when all the students are settled). This will give you your answer. If the answer is that it would be difficult because it is a flat with several rooms, possibly above market value, in a studenty area, then he may ask you to leave rather than risk having between October and May empty. The LL will be able to find students in August but after September it becomes more difficult and if you were to leave then it could cost 6 months rent.