Can a landlord insist you to sign up to another fixed term period?

letitbe90

12 month fixed term AST.

Was hoping to just carry on at a statutory periodic tenancy which was advised as the default if I didn’t vacate the property at end of AST or sign up to another fixed term.

Agents have come to me saying landlord is not happy with a SPT due to only 1 month notice period and some malarkey about changes in June (which is just about fees isn’t it) and have asked me to either sign up to fixed term or hand in my notice - they were flexible with my notice period to be 2 or 3 months.

NB - We haven’t missed any payments and have actually made the apartment to be in better condition than they gave to us.

Before I agree to anything, can a landlord evict someone on the basis of getting a tenant who signs up to a 12 month term?

If I did offer say 2 months notice, would I have the emergency fallback option of saying that I can’t move out yet and then buy some time from eviction process?

We are in the process of buying a house so signing up to another fixed term isn’t feasible.

Thank you for your help.

dimbo61

Agents want you to sign up for new tenancy period so they can charge you and the landlord fees.
Ask agents for landlords address. Then write to them stating that you want to go onto a SPT
Tell them you won't be signing any new agreement and see what happens

Hutch100uk

Sorry I can't answer but will be interested to hear responses to this. I am in a 12 month tenancy but will be looking to buy when it runs out. I don't want to renew my tenancy but am worried my landlord will insist.
It doesn't make sense though. If he serves you notice because you won't sign up to another AST, he then incurs the cost of getting another tenant in. Madness.

saajan_12

letitbe90 wrote: »

12 month fixed term AST.

Was hoping to just carry on at a statutory periodic tenancy which was advised as the default if I didn’t vacate the property at end of AST or sign up to another fixed term.

Agents have come to me saying landlord is not happy with a SPT due to only 1 month notice period - its only 1 month notice if thats what your tenancy agreement specifies as a CPT. If nothing is mentioned then its 1 tenancy period notice (ie in line with periods, so if you serve notice half way through, it could end up being 1.5months in practice) and some malarkey about changes in June (which is just about fees isn’t it) - well if your renewal is before 1st June, this is the last time they can charge fees.. they presumably don't want to wait a few months on periodic and then sign, meaning they lose out on the fees. and have asked me to either sign up to fixed term or hand in my notice - they were flexible with my notice period to be 2 or 3 months.- well if you leave at the end of a fixed term, you don't usually have to give any notice, outside a specific contractual agreement, in which case its probably not "2 or 3 months"

NB - We haven’t missed any payments and have actually made the apartment to be in better condition than they gave to us. - paying on time is your responsibility and improving hte condition is your choice, you don't know those improvements are what the LL wanted. No brownie points.

Before I agree to anything, can a landlord evict someone on the basis of getting a tenant who signs up to a 12 month term? - they can evict without basis using a Section 21 notice, as they have no infinite duty to house you. But they would have to check everything was done correctly, serve you 2 calendar months notice, apply to court, wait for a possession order, and ultimately get bailiffs... all in could take months.

If I did offer say 2 months notice, would I have the emergency fallback option of saying that I can’t move out yet and then buy some time from eviction process? - don't serve notice if you aren't sure you'll leave on/before the expiry. Best case, your notice is deemed legally meaningless. worst case you're liable for double rent under the Distress act, or the LL gets new tenants, reliant on your statement and you have to pay compensation for the LL's losses if his new people can't move in.

We are in the process of buying a house so signing up to another fixed term isn’t feasible. - Then don't. Don't serve notice until you've exchanged either.

Thank you for your help.

Most likely this is the agent trying to convince both sides that a new fixed term is best. Unless there's a very specific seasonal market eg in a uni town, its unlikely to be in the LL's interest to evict a tenant and suffer a void just for the coveted fixed term.

They can't force you to serve notice or leave without the correct notice and a court possession order which would take months. Just sit tight.

letitbe90

saajan_12 wrote: »

Most likely this is the agent trying to convince both sides that a new fixed term is best. Unless there's a very specific seasonal market eg in a uni town, its unlikely to be in the LL's interest to evict a tenant and suffer a void just for the coveted fixed term.

They can't force you to serve notice or leave without the correct notice and a court possession order which would take months. Just sit tight.

I am already past my 12 month AST by a week so now I am technically in an SPT by default - and it is 1 month as per tenancy agreement.

They have come back to me now saying they are happy for me to give 2-3 month notice now during my SPT “to get things in order”, should I decide not to sign up to another fixed term agreement.

Slithery

Tenancies in Eng/Wales: Guides for landlords and tenants

saajan_12

letitbe90 wrote: »

I am already past my 12 month AST by a week so now I am technically in an SPT by default - and it is 1 month as per tenancy agreement.

They have come back to me now saying they are happy for me to give 2-3 month notice now during my SPT “to get things in order”, should I decide not to sign up to another fixed term agreement.

Please quote exactly what the agreement says about what happens AFTER the fixed term. Arguably "one month" could be "one calendar month" or "one month in line with tenancy periods". Or it could be talking about something else entirely.

But beyond that, there's no need for you to commit to giving more notice than you agreed to. If you serve notice and then fail to move out, you could very welll be liable for double rent. Don't serve notice until you've exchanged. By all means if you happen to know for sure 2 months ahead of your move out then give them a heads up to be helpful, but I wouldn't commit to it now.

AdrianC

Of course they can ask you to sign a new fixed-period tenancy. And you can say "Thanks, no thanks".

Of course, if and when you say "Thanks, no thanks", then they have a straight choice... they can either shrug and say "OK, SPT it is" - or they can hand you s21 notice.


Who blinks first?

letitbe90

saajan_12 wrote: »

Please quote exactly what the agreement says about what happens AFTER the fixed term. Arguably "one month" could be "one calendar month" or "one month in line with tenancy periods". Or it could be talking about something else entirely.

But beyond that, there's no need for you to commit to giving more notice than you agreed to. If you serve notice and then fail to move out, you could very welll be liable for double rent. Don't serve notice until you've exchanged. By all means if you happen to know for sure 2 months ahead of your move out then give them a heads up to be helpful, but I wouldn't commit to it now.

The TA states:

“The tenant must give to the Landlord or the Agent a minimum of 2 months' written notice in order to terminate this Agreement in its fixed term. Should the Tenancy become periodic the Tenant must give 1 months' written notice.”

I guess if I do nothing, the landlord would have to serve me two months notice or do nothing. It could just be the agent doing this to try get fees by finding someone else to replace me?

letitbe90

AdrianC wrote: »

Of course they can ask you to sign a new fixed-period tenancy. And you can say "Thanks, no thanks".

Of course, if and when you say "Thanks, no thanks", then they have a straight choice... they can either shrug and say "OK, SPT it is" - or they can hand you s21 notice.


Who blinks first?

I think you’re right!

G_M

See


* 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?