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Tenancy ends on 31st can't get hold of landlord

13

Comments

  • thesaint
    thesaint Posts: 4,324 Forumite
    Part of the Furniture Combo Breaker
    Nancy2016 wrote: »
    Update.

    Ok, re read the tenancy. In the mutual break clause it says after 10 months of the initial fixed term of this tenancy either party may invoke the tenancy in writing providing a minimum 2 months.

    You need to do that asap. No need to wait until your fixed term expires.
    Well life is harsh, hug me don't reject me.
  • Guest101
    Guest101 Posts: 15,764 Forumite
    thesaint wrote: »
    You need to do that asap. No need to wait until your fixed term expires.





    I'm not even sure the OP can do that, technically the break clause only applies to the fixed term, which expires in 3 days.
  • thesaint
    thesaint Posts: 4,324 Forumite
    Part of the Furniture Combo Breaker
    Guest101 wrote: »
    I'm not even sure the OP can do that, technically the break clause only applies to the fixed term, which expires in 3 days.

    The tenant can invoke the break term within the 12 month fixed term, as long as it is after 10 months.

    They are in that period now.
    Well life is harsh, hug me don't reject me.
  • Guest101
    Guest101 Posts: 15,764 Forumite
    thesaint wrote: »
    The tenant can invoke the break term within the 12 month fixed term, as long as it is after 10 months.

    They are in that period now.


    24 month fixed term*


    The result will be almost identical to the OP going periodic and serving notice. Except the LA cant argue the same point im making, if the OP just goes periodic and serves notice.
  • Nancy2016 wrote: »
    Update.

    Ok, re read the tenancy. In the mutual break clause it says after 10 months of the initial fixed term of this tenancy either party may invoke the tenancy in writing providing a minimum 2 months.
    I take it that the original term was 2 years? In which case the mutual break clause no longer applies, your tenancy becomes Statutory Periodic after Saturday.
    Nancy2016 wrote: »
    The agent has called me, they have finally got a response from the LL. They wish to renew from the 1st November for 12 months with a rent increase. I
    Said I will call them back shortly.

    Can they do that with 3 days notice verbally? I don't want to sign, pay a renewel fee as my new property is available soon.
    A rent increase can be implemented by a Section something Notice or by you signing a new contract. Obviously, they are a bit late to get a Notice in for a rent increase for next month and you don't have to sign a new contract. It is good that they have told you verbally, but it is not sufficient.

    But don't go telling them too much about what they need to do to enforce a rent increase.
  • Pixie5740
    Pixie5740 Posts: 14,515 Forumite
    10,000 Posts Eighth Anniversary Name Dropper Photogenic
    Just say thanks but no thanks to the 12 month renewal. Explain that you've been offered affordable housing that has been adapted to meet your children's needs and you would like to move out by 30th November.

    If you either invoke the break clause or give notice to end the SPT (which will start 1st November whether the letting agent/landlord likes it or not) it's likely you'll be due to pay rent up to 31st December so for now, slowly slowly catchy monkey.

    This is a long shot but is there anyway you and your children could be packed up and staying with a friend of relative (until the new place is ready) before 1st November? Just in case this all goes a bit Pete Tong.
  • I have nothing useful to add, but just wanted to say that it's been refreshing to read a thread where the OP was stressed and worried, and has now received correct and useful information to act on that seems to have eased their worries.
  • thesaint
    thesaint Posts: 4,324 Forumite
    Part of the Furniture Combo Breaker
    Guest101 wrote: »
    24 month fixed term*


    The result will be almost identical to the OP going periodic and serving notice. Except the LA cant argue the same point im making, if the OP just goes periodic and serves notice.

    12 month fixed term, 24 month fixed term, no difference.
    The OP is better off serving a notice now, not later.

    Relying on ignorance(of the landlord/agent) to achieve a result is not the best advice.
    Well life is harsh, hug me don't reject me.
  • Thank you all. I'm awaiting a call back from the agent. I'm going to be completely honest and see where that takes me.
  • thesaint
    thesaint Posts: 4,324 Forumite
    Part of the Furniture Combo Breaker
    Nancy2016 wrote: »
    Thank you all. I'm awaiting a call back from the agent. I'm going to be completely honest and see where that takes me.

    Whilst you should call the agent, you really need to cement your position by doing what you are required to do.

    If you come to a better solution, then all is well, but you may find yourself in a worse position by being tardy.
    Well life is harsh, hug me don't reject me.
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