AST renewal while looking to buy

chiefdave

Hopefully an easy question. I've been in my property since July 2016, initially on a 6 month AST and then a 12 month followed by another 12 month. There is no mention of any notice period in the agreements.

The letting agent want me to sign for another 12 months however I am due to inherit some money from a house sale in the next couple of months so will be looking to buy. I would expect any move date, even if things went fairly quickly from viewings to offer acceptance and completion to be the best part of 6 months off so what is my best option?

Should I just be up front with the agent? The situation I want to avoid is obviously ending up with nowhere to live so I don't want to say I'll be out in 6 months then have nothing to move in to.

G_M

If you plan to move, do not commit yourself to a 12 month contract!

Move to a periodic contract (rolling / month-by-month).

Read the sticky:

* 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?

chiefdave

G_M wrote: »

If you plan to move, do not commit yourself to a 12 month contract!

Move to a periodic contract (rolling / month-by-month).

Read the sticky:

* 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?

That would be ideal but the letting agent are insisting on a 12 month AST.

What I'm not clear on from reading that and Section 5 of the Housing Act is if the agent can insist on a fresh AST or is there a legal right enabling the tenant to stay?

Essentially if I don't agree to sign a new AST can the agent kick me out, with notice, and get someone in who will sign?

chunkytfg

chiefdave wrote: »

That would be ideal but the letting agent are insisting on a 12 month AST.

Of course they are. they get to charge you and the LL a fee for printing off a form!

What I'm not clear on from reading that and Section 5 of the Housing Act is if the agent can insist on a fresh AST or is there a legal right enabling the tenant to stay?

Essentially if I don't agree to sign a new AST can the agent kick me out, with notice, and get someone in who will sign?

They can insist on you singing an AST or kick you out if they want however the end of the current AST doesn't mean you have to leave. they will need to serve you a valid S21 notice and then after the 2 month period of that notice they can seek possession through the courts which could take months.

You don't have to leave!

G_M

Why not speak to the landlord?


Why not 'stall'? "Sorry, I've lost the contract. Can you send another?" "Just getting my solicitor to look through it." "I posted it back days ago - haven't you got it yet?" etc etc

Eventually your current fixed term will end, and bingo! Next day you have a periodic tenancy.

Will the landlord then serve you a S21?I doubt it. But even if he does, you then get 2 months. And then court delays.

when are you plannng to buy?

Don't get bullied by the agent!

Bossypants

G_M wrote: »

Why not speak to the landlord?


Why not 'stall'? "Sorry, I've lost the contract. Can you send another?" "Just getting my solicitor to look throught it." "I poted it back days ago - haven't you got it yet?" etc etc



Eventually your current fixed term will end, and bingo! Next day you have a periodic tenancy.


Will the landlord then serve you a S21?I doubt it. But even if he does, you then get 2 months. And then court delays.


when are you plannng to buy?


Don't get bullied by the agent!

All of this, but why not preface it by a healthy period of ignoring all attempts at contact? Emails end up in junk folders and phones get misdialled all the time, even for two months at a time sometimes...

csgohan4

They are bluffing, why evict a good paying tenant, plus even if they issue a section 21, it will be months before they can evict you

chanz4

agencys like admin fees, ignore and go on rolling

Pixie5740

chiefdave wrote: »

That would be ideal but the letting agent are insisting on a 12 month AST.

What I'm not clear on from reading that and Section 5 of the Housing Act is if the agent can insist on a fresh AST or is there a legal right enabling the tenant to stay?

Essentially if I don't agree to sign a new AST can the agent kick me out, with notice, and get someone in who will sign?

Which bit it unclear? Either your tenancy agreement says what will happen or it doesn't, and if it doesn't you will automatically start a statutory periodic tenancy. The clue is in the name, it is statutory law.

G_M's guide says the following for when a tenant wishes to stay after the fixed term.....

c) a Statutory Periodic Tenancy (SPT) will arise automatically in the absence of a CPT. No agreement is required.

That seems pretty clear to me.

Plus

chiefdave wrote: »

The letting agent want me to sign for another 12 months however I am due to inherit some money from a house sale in the next couple of months so will be looking to buy. I would expect any move date, even if things went fairly quickly from viewings to offer acceptance and completion to be the best part of 6 months off so what is my best option?

I wouldn't bank on being able to do the process in a tight timeframe. Somebody might beat you to your chosen property, there might be some hidden problem with it, the vendor might be an idiot. A third of property transactions fall through. Then you have to start the process all over again - and it rather depends if the right thing is easily available on the market.

That said, if you can't wangle a statutory periodic tenancy, could you sign for another 6 month AST? It seems unlikely that a purchase is going to complete a lot before then, especially if you don't yet have funds and haven't started looking.

Also, it can be handy to have a bit of overlap which is much easier when renting than buying. If the new place needs rewiring or a new bathroom, a lot easier to do that when you aren't living there.

chunkytfg

Plus wrote: »

I wouldn't bank on being able to do the process in a tight timeframe. Somebody might beat you to your chosen property, there might be some hidden problem with it, the vendor might be an idiot. A third of property transactions fall through. Then you have to start the process all over again - and it rather depends if the right thing is easily available on the market.

That said, if you can't wangle a statutory periodic tenancy, could you sign for another 6 month AST? It seems unlikely that a purchase is going to complete a lot before then, especially if you don't yet have funds and haven't started looking.

Also, it can be handy to have a bit of overlap which is much easier when renting than buying. If the new place needs rewiring or a new bathroom, a lot easier to do that when you aren't living there.

Why would you need to 'wangle' it? By not signing a new AST you automatically move onto a periodic one. Even if the LL wants to evict you it takes months and months and months! plus why would they want to? The LL is making money off you from your rent and they don't have to pay new fees to the agent.