Moving soon after fixed term ends

atjmm

I am coming to the end of a Fixed Term Tenancy, and hoped to move to a new property at the end of it. However, I have struggled to find anything suitable in time, as everything suitable within budget in the area I am looking to move to has so many people applying that I have not been able to secure anything yet. Instead I will have to move to a Periodic Tenancy when the contract expires instead.

However, I still have viewings organised in the next few days for properties which become available in the couple of weeks after the fixed term tenancy ends. If I am successful with one of these, I don't quite understand how much notice I will have to give my current landlord.

Correct me if I am wrong, but the Periodic Tenancy will begin the day after the Fixed term expires, so if I hand my notice in, for example, the first day of the Periodic Tenancy, I will be effectively tied into another 2 months at my current property (the rest of that month, and then the full month afterwards), so would have to pay double rent for 2 months running (on the new place and the current place)

However, if I hand my notice in before the Periodic Tenancy begins, then the date that the Fixed Term ends will be the day I have to move out, so I would be homeless for a couple of weeks until the new property became available.

Is there any way around this? I could talk to the landlord/ letting agent about the situation but worry that the could just make me move out at the end of the Fixed Term if they know I don't intend on staying much longer in their property.

Maybe I just need to hold off on searching for a new place for a bit, but they are so hard to get that I don't feel I can easily pass up the right place if it comes along.

Any advice would be greatly appreciated!

Guest101

atjmm wrote: »

I am coming to the end of a Fixed Term Tenancy, and hoped to move to a new property at the end of it. However, I have struggled to find anything suitable in time, as everything suitable within budget in the area I am looking to move to has so many people applying that I have not been able to secure anything yet. Instead I will have to move to a Periodic Tenancy when the contract expires instead.

However, I still have viewings organised in the next few days for properties which become available in the couple of weeks after the fixed term tenancy ends. If I am successful with one of these, I don't quite understand how much notice I will have to give my current landlord.

Correct me if I am wrong, but the Periodic Tenancy will begin the day after the Fixed term expires, so if I hand my notice in, for example, the first day of the Periodic Tenancy, I will be effectively tied into another 2 months at my current property (the rest of that month, and then the full month afterwards), so would have to pay double rent for 2 months running (on the new place and the current place)

However, if I hand my notice in before the Periodic Tenancy begins, then the date that the Fixed Term ends will be the day I have to move out, so I would be homeless for a couple of weeks until the new property became available.

Is there any way around this? I could talk to the landlord/ letting agent about the situation but worry that the could just make me move out at the end of the Fixed Term if they know I don't intend on staying much longer in their property.

Maybe I just need to hold off on searching for a new place for a bit, but they are so hard to get that I don't feel I can easily pass up the right place if it comes along.

Any advice would be greatly appreciated!

There is no need to panic

No-one can make you leave at the end of your fixed term. In fact if you want to leave before it ends, u don't even need to give notice.

But you are correct about notice if you stay. If done correctly after the initial switch over period from AST to SPT it's 1 months notice.

atjmm

If done correctly after the initial switch over period from AST to SPT it's 1 months notice.

Thanks. So there's not really an easy (non-expensive) way to take a property that is available to move into, for example, the week after my Fixed Term ends, as I would have to pay overlapping rent on both properties for the rest of that month, and the next month which would be the whole months notice on the old place?

G_M

atjmm wrote: »

So there's not really an easy (non-expensive) way to take a property that is available to move into, for example, the week after my Fixed Term ends,

Yes there is.

Communication.

Speak to your landlord, explain you plans, and he can/may agree to end the tenancy a wek after the fixed term ends. Or 8 days later. Or.... or

The key is a) friendly communication and b) early warning.

If you wait till your SPT starts and then say you want to leave 8 days later, he's unlikely to agree as you've left him no time to plan.

Talk to hime a month or two earlier, explain your situation, and he's far more likely to say "OK, let me know as soon as your plans are firmed up."

* 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?

atjmm

Speak to your landlord, explain you plans, and he can/may agree to end the tenancy a wek after the fixed term ends. Or 8 days later.

This is what I would like to do, but I am worried about the possible negative outcomes if he doesn't agree to it. If I state my intention to leave soon after the fixed term ends, can he turn around and say that in that case he wants me out when the fixed term ends?

G_M

atjmm wrote: »

...If I state my intention to leave soon after the fixed term ends, can he turn around and say that in that case he wants me out when the fixed term ends?

Post 2 above:

No-one can make you leave at the end of your fixed term. ...

atjmm

No-one can make you leave at the end of your fixed term

No, he can't make me leave, but staying against his wishes would surely cause some animosity which could affect any references I would get for a new property would it not?

I think I will talk to him about the situation, but I just wanted to be clear about the worst case scenario. He will most likely understand and be accommodating, but as I have only ever dealt with the letting agent before (and would probably have to go through them in this instance as well), I have no idea what he is like as a person (and previous experience of letting agents is that they are not generally understanding or accommodating).

Guest101

atjmm wrote: »

No, he can't make me leave, but staying against his wishes would surely cause some animosity which could affect any references I would get for a new property would it not? - It's your home. You own a lease. The law states that the lease continues, indefinitely and automatically, after the end of the fixed term. The reference still has to be accurate, it cannot be lies.

I think I will talk to him about the situation, but I just wanted to be clear about the worst case scenario. He will most likely understand and be accommodating, but as I have only ever dealt with the letting agent before (and would probably have to go through them in this instance as well), I have no idea what he is like as a person (and previous experience of letting agents is that they are not generally understanding or accommodating).

Letting agents have very little training and don't understand most of the time.


They have a set structure and don't like to deviate

gingercordial

I wanted to stay for one month following the end of my fixed term tenancy. That was due to end on 19 September so I sent in notice a week before that stating that I wished to terminate the statutory periodic tenancy with a final date of 19 October.

So yes it was served before the end of my fixed term, but I made it very clear in the wording that it referred to the following month.

The landlord hasn't disputed it and they dispute everything...

His_Dudeness

gingercordial wrote: »

So yes it was served before the end of my fixed term, but I made it very clear in the wording that it referred to the following month.

The landlord hasn't disputed it and they dispute everything...

It was invalid at law, but your landlord was free to accept it (but equally free to refuse it), which he did.

G_M

atjmm wrote: »

No, he can't make me leave, but staying against his wishes would surely cause some animosity which could affect any references I would get for a new property would it not?

So you dismissing the idea of early communication of your plans in case he insist you leave at the end of the fixed term, and then, when you stay, gives a bad reference.

So instead you will keep silent, stay beyond the fixed term, and then try to leave at short notice without warning and expect a good reference AND cooperation over a shortened notice period....????

The alternative, of course, is to stay beyond the fixed term and give the required notice (month to 2 months depending on dates) and " pay double rent for 2 months running (on the new place and the current place)" which is what you came here for advice on how to avoid.