Strange tenancy renewal without notice period

luckyluca

Dear all

We are a small family and our landlord wants to renew our tenancy for just six months and without possibility of notice.
We have been in these property since 2009 with a shorthold assured tenancy renewed annually and with possibility of notice (2 months anytime on ours and 2 months after the first six months on theirs).

It’s important to note that the landlord, who owns the whole building, has the intention to renovate extensively the whole thing but with no certain timeframe. He seems to be wanting to keep this a secret although everybody knows.

We would like to retain the option of giving notice in case the renovation in the building gets unbearable (fumes, noise etc).

---Just to be clear, rent has been paid regularly and the property very well looked after, in fact the landlord would be happy for us to stay and there’s no dispute.---


Our questions are:

Can the landlord renew without option of notice? I have been told that the Housing Act says I am entitled to a notice option as I have been here for over a year continuously.
If we don’t agree on the renewal terms, does the contract go “rolling” automatically?
Could the landlord kick us out if we don’t agree with the proposed terms?

Thanks in advance for your help

ThePants999

Yes, the contract goes "rolling" automatically if you don't sign a new one. Yes, the landlord could evict you if you don't agree to sign a new tenancy, though the process of eviction will likely take something like 6 months anyway!

And that's also why it's OK for the landlord to propose a contract without a notice period - it can't be ended within the first 6 months (except by mutual agreement), and then you can either just leave at the end of the 6 months, or if you stay, you'll move onto a statutory periodic tenancy, with a notice period (from you to landlord) of one rental period (likely a month).

Pixie5740

It sounds as though previously if you had not signed a new fixed term agreement you would have started a contractual periodic tenancy the day after the fixed term ended but without seeing the exact wording I cannot say for sure. It's academic anyway since you've always signed a new fixed term contract.

As the new fixed term contract is silent on what will happen at the end of the fixed term you will automatically start a statutory periodic tenancy should you remain in the property the day after the fixed term ends without signing a new fixed term contract.

Read G_M's guide to Ending/Renewing as AST for further information.

FBaby

You can't have it both ways. You either sign it and you have to stay 6 months (unless you can agree mutually to an early release) or you don't, go on a rolling basis but you are then both entitled to give notice, you 1 month, your LL 2 months.

So you need to decide what is more risky. It is odd that they would want to suddenly go from an 12 months fixed term ast (although from what you are saying, it isn't so much 12 months as you would expect it from what you say about the break clause) to a 6 months no break contract.
Sounds like they might be intending to sell the building, hence the renovation and new lease terms, so either way, I'd be prepared that you might have to leave in 6 months time, in which case, you are better off on a rolling contract where you have control over going sooner and they are unlikely to give you notice as they would struggle to get new tenants for only 4 months.

luckyluca

FBaby wrote: »

You can't have it both ways. You either sign it and you have to stay 6 months (unless you can agree mutually to an early release) or you don't, go on a rolling basis but you are then both entitled to give notice, you 1 month, your LL 2 months.

So you need to decide what is more risky. It is odd that they would want to suddenly go from an 12 months fixed term ast (although from what you are saying, it isn't so much 12 months as you would expect it from what you say about the break clause) to a 6 months no break contract.
Sounds like they might be intending to sell the building, hence the renovation and new lease terms, so either way, I'd be prepared that you might have to leave in 6 months time, in which case, you are better off on a rolling contract where you have control over going sooner and they are unlikely to give you notice as they would struggle to get new tenants for only 4 months.

Thanks, I'm glad to hear about the tenancy automatically rolling.
That's exactly the case, we'll be out of here as soon as circumstances will allow doing so (school placements, job etc.). Meanwhile we honestly agree to the offered terms (six months same rent except the for the missing 1-2 months notice period) as we require the flexibility to leave sooner especially in case these vague renovation works become too much of a problem.

I have been told that the Housing Act says I am entitled to a notice option (1 - 2 months ) as I have been living at the premises for longer than a year continuously, have you run across this one before?

Lastly on the gov.uk website it says that tenants can't be issued an eviction notice if they haven't been given energy and gas certificates. We have had a gas inspection 3 weeks ago but we haven't been given a gas certificate as of yet (we have regular certificates from past years though).

Many thanks
L

P.s.
We’re currently on an assured shorthold 12 months tenancy agreement paid monthly, with us tenants allowed to issue 2 months notice at any given time.

00ec25

luckyluca wrote: »

I have been told that the Housing Act says I am entitled to a notice option (1 - 2 months ) as I have been living at the premises for longer than a year continuously, have you run across this one before?

apart from what you were told down the pub, what is your basis in reality for this ridiculous statement

Pixie5740

luckyluca wrote: »

Thanks, I'm glad to hear about the tenancy automatically rolling.
That's exactly the case, we'll be out of here as soon as circumstances will allow doing so (school placements, job etc.). Meanwhile we honestly agree to the offered terms (six months same rent except the for the missing 1-2 months notice period) as we require the flexibility to leave sooner especially in case these vague renovation works become too much of a problem.

I have been told that the Housing Act says I am entitled to a notice option (1 - 2 months ) as I have been living at the premises for longer than a year continuously, have you run across this one before?

Lastly on the gov.uk website it says that tenants can't be issued an eviction notice if they haven't been given energy and gas certificates. We have had a gas inspection 3 weeks ago but we haven't been given a gas certificate as of yet (we have regular certificates from past years though).

Many thanks
L

P.s.
We’re currently on an assured shorthold 12 months tenancy agreement paid monthly, with us tenants allowed to issue 2 months notice at any given time.

Who has told you the Housing Act says that? Have you read the information in the link I provided?

G_M

All explained, including your erroneous information, in the link you were given:

Ending/Renewing as AST for further information.

luckyluca

Thanks, will take a look at the link.
It was suggested to us by the senior property manager at our former landlord's company.
It's a rental property management company owning 150 flats in London with over 20 years of experience.

G_M

luckyluca wrote: »

It's a rental property management company owning 150 flats in London with over 20 years of experience.

That does not change the law.

martindow

G_M wrote: »

That does not change the law.

... or the standard of knowledge of an agent it seems.