Tenancy problem - 6 month renewal

ruggedtoast

My wife and I have been living in the same rented flat for several years. Its been good because its in a nice area and we can afford it, but, the landlords will only give us 6 or 12 month tenancies each time. The contract actually says if we dont give 1 months notice before the end of the fixed term then it automatically renews itself for the length of the previous term, without us signing anything.

Is this normal/ legal? They refuse to let us go onto a rolling monthly tenancy (ive tried) though they usually dont send the new tenancy to be signed until after (sometimes long after) the previous one expired. Previously this was fine because we loved it here and had no intention of moving. Bu its getting inconvenient now because we want to look at buying, and starting a family (this place is way too small) and technically only have 2 times a year when we can move out. If we move out mid term then we would have to find suitable tenants to cover the remaining period.

I'm guessing that if we just refuse to sign another fixed term then, regardless of what the previous tenancy said about automatic 6/12 month renewals, then we would be on a rolling monthly tenancy, and they would be within their rights to give us 1 month notice to leave but not to retain the large deposit they have from us. Im only guessing though - anyone know?

clutton_2

""I'm guessing that if we just refuse to sign another fixed term then, regardless of what the previous tenancy said about automatic 6/12 month renewals, then we would go be on a rolling monthly tenancy""

i absolutely agree with you here. And,


By law, landlords have to give tenants 2 months notice - whilst tenants have to give landlords one months notice - irrespective of what it says in any tenancy agreement

Just because someone write something in an AST does not make it legally enforceable !!! you cannot take away someones legal rights under other legislation by putting it into an AST.

ruggedtoast

Theyve been good landlords with everything else so far, but this just seems so unreasonable.

clutton_2

i think the key here has to be negotiation - ask to meet them and discuss your plans for buying a house, and explain how being tied in to another 6 months may be very costly indeed for you - keeping a flat rent paid as well as paying a mortgage.

Let them see that you are trying to look at it from their point of view also. suggest that if they have potential new tenants you will be happy to show them round (given 24 house notice) - which may well be a "brownie point" for you.

do you know anyone who is looking for somewhere to live ? could you find new tenants for them ? - more brownie points

robster1964

Hi there,

We own a house that we rent aswell. Speaking personally good tenants are hard to find and we really value them. If someone came to me, who had been a great tenant, I would listen to anything they had to say, and because at the end of the day, the tenant has helped us as landlords afford the property, do anything we could to help them.

Clutton above has great advice, negotiate. We don't know what you need until you tell us!

Don't Worry....Just try it..

Robs xx

SquatNow

ruggedtoast wrote: »

The contract actually says if we dont give 1 months notice before the end of the fixed term then it automatically renews itself for the length of the previous term, without us signing anything.

It sounds more like a !!!!-up in the wording rather than anything deliberate. Speak to your landlord and arrange to swap to a standard AST. Your local council will have the form or a quick look on any of the landlord sites will turn up a PDF.