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

gordonbennet

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!!!

Sounds like as you've now been paying monthly you have now automatically gone onto a monthly rolling "periodic" tenancy. So as mentioned above, you would need to give one full rental month notice and the landlord/agent would need to give you 2 months notice. Don't be bullied into signing a new agreement - there is no legal obligation for you to do so. Just say to them that you are happy for the tenancy to remain "periodic".

Comms69

gordonbennet wrote: »

Sounds like as you've now been paying monthly you have now automatically gone onto a monthly rolling "periodic" tenancy. So as mentioned above, you would need to give one full rental month notice and the landlord/agent would need to give you 2 months notice. Don't be bullied into signing a new agreement - there is no legal obligation for you to do so. Just say to them that you are happy for the tenancy to remain "periodic".

Paying monthly is not the test.


The OP is concerned her tenancy periods are yearly, not monthly.

gordonbennet

Comms69 wrote: »

Paying monthly is not the test.

The OP is concerned her tenancy periods are yearly, not monthly.

But she has been paying monthly for the past 4 months, since the end of the fixed term, so I believe that a monthly periodic tenancy has now been established.

Comms69

gordonbennet wrote: »

But she has been paying monthly for the past 4 months, so I believe that a monthly periodic tenancy has now been established.

You are incorrect. That is NOT the test.


without being funny your beliefs are irrelevant.


There are two possibilities:


1: a contractual periodic tenancy as noted in the original tenancy agreement.


2: a statutory periodic tenancy - created under law the periodic refers to the original agreement. IE rent charged weekly, periodic mean weekly. Monthly, monthly. Yearly, yearly.


The OP paying 12 months upfront has no bearing on this, neither does paying it monthly now.


- now on that note I suspect it is monthly, but not for the reasons you gave

Anxiousannie

They've said

We notice you have still not signed the contract renewal on the above property, this contract will be invalid if not signed
within the next 14 days and the landlord will have to the right to seek possession of the property.
Please contact URGENTLY the office to arrange a suitable time to sign the contracts, no
further reminders will be sent and further action taken immediately if no contact received.

Comms69

Anxiousannie wrote: »

They've said

We notice you have still not signed the contract renewal on the above property, this contract will be invalid if not signed
within the next 14 days and the landlord will have to the right to seek possession of the property. - The landlord always had that right; they aren't going to exercise it. for no reason (unless they're mad)
Please contact URGENTLY the office to arrange a suitable time to sign the contracts, no
further reminders will be sent and further action taken immediately if no contact received.

They would need to serve a s.21 notice, then seek to evict. The avg time for this is 6-9 months.


Relax.

gordonbennet

Anxiousannie wrote: »

They've said

We notice you have still not signed the contract renewal on the above property, this contract will be invalid if not signed
within the next 14 days and the landlord will have to the right to seek possession of the property.
Please contact URGENTLY the office to arrange a suitable time to sign the contracts, no
further reminders will be sent and further action taken immediately if no contact received.

Do you have a copy of the original agreement to hand? Does it say what should happen after the initial fixed term has ended? And does it state how frequently the rent should be paid?

gordonbennet

Comms69 wrote: »

They would need to serve a s.21 notice, then seek to evict. The avg time for this is 6-9 months.


Relax.

Yes - agreed

Anxiousannie

I am looking for the original agreement now... I have the new one in my hand but it says nothing about how much notice I've been through it twice!!!

Comms69

Anxiousannie wrote: »

I am looking for the original agreement now... I have the new one in my hand but it says nothing about how much notice I've been through it twice!!!

Ignore the new one, it's irrelevant.


I would hedge my bets at it being monthly. You can request a copy of your current agreement from the agents under GDPR regulations