Advice please: muddled tenancy and now can't move out on time!!

Tigertailor

Hello all,
We have read the informative stickies about ending a tenancy but we are still in a muddle about our position here is the gist of our situation:

We began a FT tenancy managed by an agent 2 years ago.
Last year we were asked to renew for 12 months, we paid the fee but have since discovered that the actual contract was never signed or sent back.

This year we are in the process of buying a property and so did not want to renew our FT.
We were asked last month if we wanted to sign another FT, we stated that
"we did not wish to renew a FT contract"

The response from the agent was whether this was us "providing a months notice to end our lease meaning our last day would be the 27th April"

As it turns out I have realized I had not responded to this email.

Now we are in an awkward situation that there has been delays in our house purchase which I am now anticipating means we will not be able to move in (and therefore out of our rental)before the 27TH April.

So...
My muddle is:
1. What tendency agreement are we actually on if there was no second signed FT contract?!?

2. If we are not able to leave before 27th, do we contact now to try and organise a short extension? Or is it better to stay and provide a months notice on the 26th?

3. Do nothing, wait for a section 21, leave when we are ready?

4. How should we continue to pay rent, for how long and give notice in any of those scenarios? We have no intention of withholding any rent that will be due and want to make sure everything is done correctly.

The landlord has kept himself quite heavily guarded behind the agents so any communication has always had to be through the agent and he has rarely( I think only once) replied to anything.

(Historically, though I realize this bears no relevance on the above but this tenancy has been fraught with troubles from the start. Even the agent avoids communication! Lack of repairs to heating and electricity, dangerous electrics, (we spent weeks and months without proper heating and electricity) rot, mould, broken windows, leaking roof etc etc. Promises of work to be done... We seriously really don't want to stay one day longer!! 2 years of headache, stress and broken promises, but it was a means to an end for us(or own home)and we had tried to plan accordingly but as we all know selling/buying never seems to run to plan!!!)

Finchy2018

It doesn't sound like you have served notice if you didn't reply you just stated you would be continuing with a period tenancy so serve notice as per the agreement in your contract regarding notices after the fixed term has ended

pinkshoes

By paying the fee, this will no doubt have been seen as acceptance of the 12 month fixed tenancy.

I assume this tenancy ends 27th April?

After this, you will just go into a rolling contract so need to give 1 month notice to leave (from a rent date). Likewise, they need to issue an S21 to give you 2 months to leave.

Just do nothing for now, and make sure you give suitable notice once you have a completion date.

Is it a new build you're buying?

Tigertailor

By paying the fee, this will no doubt have been seen as acceptance of the 12 month fixed tenancy.

Yes that's what I had thought too pinkshoes but when the agent stated "give a months notice to end as per the contract" it threw us as the FT ends if not renewed.

No its not a new build, we are buying a lovely "old build" and completion at the moment looks like it may fall just a week or so past the end of the tenancy.

The tenancy started and rent gets paid on the 28th of the month, so 27th is our last day, by then we will have a more exact date.

G_M

I agree that by paying the fee last year you agreed to the new fixed term. I understand that ends on 27th april yes?

we stated that
"we did not wish to renew a FT contract"

The response from the agent was whether this was us "providing a months notice to end our lease meaning our last day would be the 27th April"

Your statement was ambiguous so I understand why the agent responded as they did. Were you

a) giving notice or
b) indicating you planned to move to a periodc tenancy on 28th April?


However it is immatrial. To leave at the end of the fixed term on 27th you do not need to serve notice - you can simply move out and return the keys (though early communication of your intentions is polite!).


So you now have a choice:
c) move out on 27th April, return the keys, and request your deposit back or
d) stay, and on 28th you'll move to a periodic tenancy, and then have to serve the proper notice if/when you wish to end the tenancy.


As for your Qs:

1. What tendency agreement are we actually on if there was no second signed FT contract?!? Fixed Trm ending 27th April

2. If we are not able to leave before 27th,

You cannot end the tenancy before 27th april unless the LL agrees

do we contact now to try and organise a short extension?

you can negotiate anything you like, and any end-date you like- provided the LL agrees (and to avoid misunderstandings, get this in writing)

Or is it better to stay and provide a months notice on the 26th?
Your periodic tenancy starts on 28th April - you cannot serve notice to end this tenancy before it has begun. So no, you cannnot serve notice on 26th.
3. Do nothing, wait for a section 21, leave when we are ready?
You've given no indication the LL will serve a S21. And there is no guarantee if/when he will.
And if he does, there is no guarantee he'll follow it up once it has run its 2 months.
Since it is you that wants to end the tenancy, not the LL, this option seems very strange.....
4. How should we continue to pay rent,

Cash with receipt, standing order, or whatever method you currently use- why change?

for how long
until you have ended the tenancy, whether that be by

* vacating at the end of th FT or
*formal notice, or
* negotiation

and give notice in any of those scenarios?

You serve notice by the method specified in your tenancy agreement, or, if none, by using the proper address provided.

We have no intention of withholding any rent that will be due and want to make sure everything is done correctly.