Shorthold tenancy agreement advice please

GarethK

The first 6 months of my tenancy agreement has expired, and i had agreed to sign up to another 6 months which is new to me, because in the past its gone to a monthly 'rolling' contract. I signed a letter saying i wanted another 6 months, i then recieved a letter saying the contracts were ready to sign on the 10th November, great for them but i was at work and had no way of taking a day off (i got the letter on the 9th).

Now as i have not signed the contracts, where does that leave me? Will it automatically go to a rolling type monthly contract? I am hoping this is the case, as i want to move out in 4-5 months before my girlfriend gives birth..advice please!

Gareth

GarethK

Think i will leave it as it is then.

If i had signed up for another 6 months and i wanted to leave a month early, would i be able to get out, or would i *have* to stay put until the contract ended?

Gareth

clutton_2

whatever it is called is a Section 21 Notice

franklee

ts_aly2000 wrote: »

Yeeep. It goes onto a rolling month by month. The LL has to give you 2-months notice to clear. You have to give the LL 1-month.

Agencies usually renew every 6-months as it's easy money for them to charge another £50 for printing off a couple of bits of paper.

Just leave it. If the worst comes to the worst then they still have to give you 2-months notice. So even if they did have a problem with it then they still have to follow protocol in getting you out.

There is a trick (called the Sword of Damocles) to look out for that landlords and agents like to keep quiet :- it may be that a section 21 notice has already been served. They can be served just after the start of the tenancy buried in with other paperwork or on day one when you are busy with other things so you may not have noticed it.

GarethK, before relaxing on a periodic tenancy check that notice wasn't served on you earlier! If it was served then do not stay on a periodic tenancy without getting the notice withdrawn. The agent may refuse to withdraw it forcing you into paying the renewal fee.

The letter offering you a new tenancy should have invalidated any prior S21 notice but agents and landlords may well refuse to accept this so it's better to get the notice properly withdrawn to avoid arguments later on.

GarethK

Hi franklee,

If this were the case and an S21 was issued around the time the 6 months shorthold tenancy agreement was due to be renewed, this may well be a blessing in disguise for me, as it would simply bring forward in time our move back to Norfolk as opposed to staying here until No.1 is born, the main thing i wanted to make sure was that i am not tied to another 6 month contract, it is only the other half's stubborness to stay here until after the baby is born thats keeping us in this hellhole!

franklee

GarethK wrote: »

Hi franklee,

If this were the case and an S21 was issued around the time the 6 months shorthold tenancy agreement was due to be renewed, this may well be a blessing in disguise for me, as it would simply bring forward in time our move back to Norfolk as opposed to staying here until No.1 is born, the main thing i wanted to make sure was that i am not tied to another 6 month contract, it is only the other half's stubborness to stay here until after the baby is born thats keeping us in this hellhole!

What I meant is that you should look through the paperwork you were given at the start of your tenancy to see if there is an S21 notice there. Typically it's served just after the start of the tenancy to expire at the end of the fixed term, in your case when the first six months are up.

If you were served an S21 like that then I expect the agent would not allow you to stay on a periodic tenancy and will push for you to sign up for another 6 months, which you don't want to do, or leave at the end of the current six months. So worth looking out for now so you can be ready to tell them to get stuffed should that happen.

Debt_Free_Chick

ts_aly2000 wrote: »

If you wanted to go now, then you can be out by the 1st January. Just advise tomorrow that you're giving 1-months notice.

But remember that the notice must expire at the end of a rent period, which is dependent on the day the rent is due.

GarethK

An interesting follow up for anyone who read this thread, today i have been issued a S21 forum dated 8th Jan requiring possesion. Great time, as Vicky is due to give birth around that time :mad:

Is there anything i can do? I've tried to contact the landlord to no avail and the letting agent just said contact the landlord. Could it be that they just want more money for the house, or are not happy with the fact we will have a newborn??

Gareth

speedtwin

There are two types of section 21 one for a fixed term and one for a perodic tenancy have they served the correct one. Does the one they have served end of the correct day if not the section 21 is invalid. Was your deposit protected correctly at the start of your tenancy and were you given the prescribed info?Iif not the section 21 is invalid . If the agent puts in writing they are prepared to offer you another contract after serving the notice that makeS the section 21 invalid. (it has to be unconditional) Arla recomend a section 21 for each tenant or it could be defended (I think that is a grey area though) If the landlord can not prove it was served it could be defended and made invalid.