End of fixed term AST, do we have to sign again?

black_wings

Guest101 wrote: »

Oh I see.


There are only 2 entities which can end a tenancy


1: the tenant - serve notice or leave as above
2; The courts - by eviction.


(a joint agreement, which I feel falls under '1' is also possible - ie you both agree to end (surrender) the tenancy)


So no, they cant get you out on May 7th. (unless you choose to go)

Okay cheers for the help
I don't want to cause a fuss by any means, just good to know where we stand if they did ask us to leave. Hopefully we can get a 6 month break clause.

Guest101

black_wings wrote: »

Okay cheers for the help
I don't want to cause a fuss by any means, just good to know where we stand if they did ask us to leave. Hopefully we can get a 6 month break clause.

It's not a fuss, its your legal right.


Imagine you bought a telly and it didn't work, would you be concerned with what Dave from Curry's thought when you returned it?

SerialRenter

black_wings wrote: »

Hopefully we can get a 6 month break clause.

Don't do this.
If they put you on a new 12 month contract with a 6 month break clause they can still enforce reletting costs against you, as you quoted from your contract some posts ago.

Either go periodic (best options)
or tell them you're looking to move and could do a 6 month contract.

You won't be evicted, the landlord stands to gain nothing from evicting a paying tenant.

Guest101

SerialRenter wrote: »

Don't do this.
If they put you on a new 12 month contract with a 6 month break clause they can still enforce reletting costs against you, as you quoted from your contract some posts ago.

Either go periodic (best options)
or tell them you're looking to move and could do a 6 month contract.

You won't be evicted, the landlord stands to gain nothing from evicting a paying tenant.

Perhaps I've missed this, but a correctly worded break clause can be used to end the tenancy with no negative impact.


EDIT: oh I see, yes what the OP wrote isn't a break clause as such, it's just a fact I guess. IE anyone can offer to 'buy-out' a contract

SerialRenter

Guest101 wrote: »

EDIT: oh I see, yes what the OP wrote isn't a break clause as such, it's just a fact I guess. IE anyone can offer to 'buy-out' a contract

Strictly with the landlord’s or his agents prior written consent and subject to certain conditions that may include
the landlord’s reasonable costs associated with the re-letting of the premises, the tenant might be allowed to surrender or give up this tenancy before it could otherwise lawfully be ended.

For reference, this bit

always_sunny

black_wings wrote: »

Okay cheers for the help
I don't want to cause a fuss by any means, just good to know where we stand if they did ask us to leave. Hopefully we can get a 6 month break clause.

Isn't that exactly what you'll do though? Fuss?
Most AST would have break clause, I wouldn't sign one without though if the LL doesn't want to have tenants on periodic tenancy they will issue a Section 21.
Indeed only the courts can evict you though it will eventually happen.

Your best option is to insist in having a break clause. Timing house buying with AST is very challenging!

ThePants999

black_wings wrote: »

Our current AST is ending on 6th May. If I understand it correctly, they don't need to organise eviction if the fixed term is just naturally coming to an end anyway?

For clarity, you're not a million miles away from being right - it's true that if YOU want to leave on 6th May, you don't need to give any notice, you can just leave and the tenancy ends. If you don't leave, a statutory periodic tenancy is automatically created and you're then on a month's notice period.

From the landlord's perspective, it's all completely different. They cannot require you to leave on the 6th May, or any other specific date. They have to get a court to evict you. The relevance of the fixed term from a landlord's perspective is that if they want to start the eviction process via section 21 notice, they can only start it after the fixed term ends.

G_M

Read

* 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?

always_sunny

ThePants999 wrote: »

The relevance of the fixed term from a landlord's perspective is that if they want to start the eviction process via section 21 notice, they can only start it after the fixed term ends.

Maybe I misread, I thought LL could serve a S21 notice anytime after 4 months after the AST started. So technically they can start it before and during the fixed term ends.

ThePants999

always_sunny wrote: »

Maybe I misread, I thought LL could serve a S21 notice anytime after 4 months after the AST started. So technically they can start it before and during the fixed term ends.

Sorry, I was a bit ambiguous there with "starting the process". I mean that the end of the fixed term is the soonest an s21 notice can expire and the landlord can apply for possession.