Periodic tenancy

eskamulia

Hi all,
I just wanted to get some advice regarding my current situation. 

My partner and I are currently renting a house, with the 12 month AST coming to an end in next few weeks. We are would like to stay at the property however are not keen to sign another 12 month AST but would prefer a periodic tenancy once the AST runs out. We have agreed to a proposed rent increase also.  

We have spoken to the landlord about this and he is insisting that it must be a 12 month tenancy or he will find other tenants and that if we stay on then we will be squatters. The landlord did not understand what a periodic tenancy was and had to google whilst he was on the phone. 

I would just like to know what rights (if any) we have and whether the only was we can legally stay in the property is if we sign another AST?

Thank you for your help. 

Slithery

Your LL is an idiot...

Ending/renewing an AST

grumiofoundation

The landlord is lying.

You don’t have to sign anything to stay in the property. 

At the end of the fixed term a periodic tenancy will automatically (landlord CANNOT stop this) being - either contractual if mentioned in contract, or statutory if not.

The landlord will have to serve a Section 21 notice to get you to leave. Has to give at least 6 months notice, and even then if valid (sounds like might be a big if) will be a long court back log. 

Other than length of notice given various other reasons why Section 21 might not be valid including If deposit not protected.
 

If you want to stay would recommend changing the locks to prevent landlord gained access without your permission. 

Are you in England/Wales/Scotland/NÍ? 

SpiderLegs

Yeah I think a lock change would be advisable with this level of incompetence.

eskamulia

We are living in England. I would like to remain on amicable terms with landlord but I feel as though we are bullied into a corner here. Does the fact that we agreed to a rent increase change the circumstances? In other words, does this mean we need to sign this contract in order to show agreement? Or if it became a periodic tenancy we just increase the rent money that we pay? 

eskamulia

I dont want it to get to the point whereby in 6 months we get evicted eventhough we havent done anything wrong. 

princeofpounds

The LL will probably chill out when he has had time to really understand it. You probably caught him on the hop. Try not to lose the dialogue.

Do you have any sense of what he is specifically worried about? If you do, perhaps you can address it.

He may be worried that you could up and leave at relatively short notice. But if he is afraid of a void, why would he pursue an eviction that would doubtless create that exact void?

He may be worried the nature of the contract will change, but in fact the original contract is entirely preserved, with the only exception of the terms relating to timescale.

He can't evict you for months and months anyway due to Covid rules, so he's going to have time to get used to the new arrangement.

eskamulia

Landlord is essntially worried about the 1 month notice period. He doesnt understand what periodic really means and referred to it being only student properties that are let on this basis or properties of poor quality (which I know is incorrect). 

greatcrested

LL needs to educate himself.

* assuming you do not sign anything, but do stay, you will immediately and automaticaly have a periodic tenancy

* if he wishes/chooses to then evict you, it will take him at least 9 months with the current legal process. A S21 Notice currently requires a 6 month period under COVID tenancy rules

* given that he appears to be clueless, and has made a threat to illegally evict you (a criminal offence by the way), I agree you should change the locks. Keep the old lock to put back later

* the rent can be increased if you agree. Ideally get the agreement in writing, but simply by starting to pay the new rent the legal implication is that you will have agreed to it

Now read

Post 4: 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?

Post 5: Rent increases: when & how can rent be increased?

See How to change a latch lock

tom9980

eskamulia said:

Hi all,
I just wanted to get some advice regarding my current situation. 

My partner and I are currently renting a house, with the 12 month AST coming to an end in next few weeks. We are would like to stay at the property however are not keen to sign another 12 month AST but would prefer a periodic tenancy once the AST runs out. We have agreed to a proposed rent increase also.  

We have spoken to the landlord about this and he is insisting that it must be a 12 month tenancy or he will find other tenants and that if we stay on then we will be squatters. The landlord did not understand what a periodic tenancy was and had to google whilst he was on the phone. 

I would just like to know what rights (if any) we have and whether the only was we can legally stay in the property is if we sign another AST?

Thank you for your help. 

For what purpose do you want a periodic tenancy? if you explain to your ignorant landlord the reasons he may well feel more comfortable, personally I always felt more at ease as a landlord with periodic having told the tenant as long as they pay the rent and treated the property as their home they would be there for as long as they wanted to be. 

Your landlord is obviously out of his depth here but it may be easier to keep the dialogue open and honest so he can come to terms with the reality of the situation because he wont be evicting you in the next 12 months, that is for certain.

theartfullodger

Slithery said:

Your LL is an idiot...

Ending/renewing an AST

+1

Artful: Landlord since 2000