I haven't signed new tenancy can I get out ..

Anxiousannie

Good afternoon

I have been renting a property for 16 months now. Landlord increased our rent even though we have made the house so much better since we moved in.

We were due to sign a new contract a few months ago but we didn't get round to doing so and the letting agency had forgotten. They have just remembered and we have just seen a house we would love to buy and hoping to get mortgage.

Would we be able to get out of our tenancy as we haven't signed a renewal? They have our deposit. We are paying so much rent it's really hard now and the mortgage would be about £500 less a month

Please could someone advise where we stand?

Kind regards

Annie

Alter_ego

You should be on a rolling tenancy now, 2 months notice I think.

Anxiousannie

We paid a year in advance the first year and then we started paying monthly... does this make a difference..??
Thank you for taking time to reply to me!

stator

If your old tenancy has comes to the end date then you are either on a "Statutory periodic" or "Contractual periodic" tenancy.


If your old tenancy agreement tells you what happens at the end of the fixed period then it becomes "contractual". If it says what the notice period is, then that is how much notice you have to give.

If your old tenancy agreement doesn't say anything about what happens at the end, then it becomes "statutory". In this case you have to give at least one months notice, and it must end on the last day of your rental period (month). (or the first day).

AnotherJoe

Anxiousannie wrote: »

Good afternoon

I have been renting a property for 16 months now. Landlord increased our rent even though we have made the house so much better since we moved in.

We were due to sign a new contract a few months ago but we didn't get round to doing so and the letting agency had forgotten. They have just remembered and we have just seen a house we would love to buy and hoping to get mortgage.


Then dont sign it now !!!


Would we be able to get out of our tenancy as we haven't signed a renewal? They have our deposit. We are paying so much rent it's really hard now and the mortgage would be about £500 less a month



Absolutely, you are in a great position, not locked into a 12 month, you can give one or two months notice, as per the other replies


Please could someone advise where we stand?

Kind regards

Annie

I would get on with your purchase asap and drag out the process with agency. Don't sign anything, and dont give notice until you've exchanged on the new house, unless you have somewhere temporary you can stay. Not uncommon here to see people who gave notice and then the purchase was delayed or fell through.

Comms69

And should you give notice and then not vacate - you will be liable for double rent*

mcmanlyn

I'm in the exact same position! And looking to hand in our 1 months notice this week as soon as we've exchanged.

I'm fully expecting a fight from the Agency, although they've not put too much effort into chasing us to re-sign & pay the fees - just automated emails & the odd text message.

Anxiousannie

Thank you all so so so much for replying I feel so much better now!

The only thing I'm worried about is our previous tenancy we paid a year up front... We now pay monthly since we've been out of contract but I'm worrying they'll go by last year's tenancy being the year... will that mean we have to give a years notice... I read something somewhere I'm hoping I read it wrong!!!

gordonbennet

Comms69 wrote: »

And should you give notice and then not vacate - you will be liable for double rent*

I don't believe that's correct. Can you say where you get that from?

Comms69

Anxiousannie wrote: »

Thank you all so so so much for replying I feel so much better now!

The only thing I'm worried about is our previous tenancy we paid a year up front... We now pay monthly since we've been out of contract but I'm worrying they'll go by last year's tenancy being the year... will that mean we have to give a years notice... I read something somewhere I'm hoping I read it wrong!!!

You're probably wrong. The situation you describe is that a tenancy period is the statutory minimum you must give.


In most cases the tenancy period is a month. A quick way to check is read your tenancy agreement; in there somewhere it will most likely say: 'Rent is £X00 per month, paid 12 months upfront.' (or similar)

Comms69

gordonbennet wrote: »

I don't believe that's correct. Can you say where you get that from?

distress of rent act 1737


I assure you it is correct.