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End of tenancy - tenant's 'right' to rolling contract
La_escocesa
Posts: 3,119 Forumite
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Your tenancy will automatically become a statutory periodic tenancy. Nothing needs to happen for this to occur.
If the LL wants to raise the rent, you either need to agree and pay, or he needs to serve a proper Section 13 notice with at least one rental period's notice. Assuming no rent rise built into the contract (there rarely is).0 -
You have no 'right' to a rolling contract but then he has no right to evict you.
If he wants you out he needs to issue an S21, this states that he is asking for possession of the property, it must give a minimum notice of 2 months. Only once you've violated that can he apply to a court to evict you.
So if it's a particular canny landlord he'll start the negotiations around the next contract soon (in 2 months time it's August and the end of your fixed period), if he doesn't then he's lost his chance to kick you out (or rather ask you to leave in such a way that allows the courts to evict you if you don't comply) before the end of the fixed term and you'll continue on a rolling contract with the same rent.
So you could just hang on it there, drag your heels when he comes to you to talk about new contracts and hope by the time he gets fed up of it the two months of notice will be sufficient.
However if your Vendor's haven't actually found a new place 2 months to completion would be rather optimistic. So jumping to a new 6 month rental elsewhere could be a good solution. Though sounds like you're stuck on a 12 month at your current place.
Perhaps ask him if he's willing to sign a new 6 month tenancy right now? It's either that and sit tight and hope either things wrap up by August or he's slow off the mark asking for a new contract so you will have til at least October til he'll be trying to kick you out (he decides to issue S21 in August as you go on to rolling).
Court evictions can take a little while to process as well, might give you another month or so but it's hardly a stress free living situation...0 -
Unless your tenancy agreement states what will happen after the initial fixed term end then you will automatically start a Statutory Periodic Tenancy if you remain in the property. That's statutory law, the clue is in the name.
As for the rent increase, read G_M's guide to Rent Increases for further information.0 -
What a ridiculous landlord.
I would say call his bluff but have a back up plan. Use delaying tactics until it becomes periodic automatically. If he tried to put the rent up you can always appeal to the rent board. He might try to evict you but hopefully wouldn't be successful until you have completed.Changing the world, one sarcastic comment at a time.0 -
As others have said, your LL is living in cloud coockoo land.
1 comment: Housebuyer 77: Only once you've violated that can he apply to a court to evict you.
You're not violating the notice by not moving. The notice is as said, a notice that the LL intends to go to court. Only a court or a tenant can end a tenancy. So the LL really doesnt have much choice in whether you go onto SPT or not.
Eviction takes between 2.5-3.5 months. (or longer if you choose to wait for the bailiffs).
He cannot raise the rent by £400, in fact he'd struggle to raise the rent by more than market value ever, nevermind what the contract says.
Did he protect your deposit?
(the above is accurate for properties in England and Wales)0 -
What is your rent now compared to a similar property nearby?
Does your tenancy agreement state anything about rent increases?Well life is harsh, hug me don't reject me.0 -
* Ending/renewing an AST: what happens when a fixed term ends? How can a LL or tenant end a tenancy? What is a periodic tenancy?
* Rent increases: when & how can rent be increased?
and in case you need it, also
* Deposits: payment, protection and return0 -
La_escocesa wrote: »TBH I think our rent is pretty cheap compared to others around so I think he will definitely try to up it. We pay £1000 and similar properties are advertised for around £1200-£1300.
You should have mentioned that in your original post...0
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