FTB, Delays & Fixed Term Tenancy

flimdar

OK, TL:DR... Reserved property with Gleesons on Jan 2nd 2020, delayed at first due to bad weather then Covid. They called Aug 11th 2020 - "House will be complete by October... guaranteed," as said by AREA sales manager. October ends... "Oh will be in by mid-November" - straight from the mouth of both Build Manager and Site Sales Manager. 5 weeks ago was first fit and plaster, doesnt' seem to have moved since then... Now got told DECEMBER 21st is the new "estimate". Like we can get movers during Xmas week!!

However... the REAL issue is that we are in a rented apartment. With a new contract due to be signed. When previous contract ended landlords refused a rolling contract... same expected now. But... all contracts with landlord are a YEAR long, with a 6-month break clause with 2-months notice (in this case you can give notice in April form a June end, or ANY 2-months notice after that). Which pretty much leaves us screwed in terms of timings.

Basically looking for advice on what to do. We've stressed the current contract situation multiple times with Gleesons but no-one seems to be listening. I'm personally tempted, given that our solicitor stated that the anticipated completion date, even with Covid restrictions, was June 2020, to start discussing a long-stop date (not sure if our is 6 or 12 months from that date, not clear in any contracts - yes, used a soft solicitor!) - don't know if that would work to speed things up or not? Anyone else think we should just say we're going to walk away at long-stop instead? Extended mortgage offer (which rose in price compared to first one) expires in March 2021 too.

Slithery

flimdar said:

However... the REAL issue is that we are in a rented apartment. With a new contract due to be signed. When previous contract ended landlords refused a rolling contract... same expected now. But... all contracts with landlord are a YEAR long, with a 6-month break clause with 2-months notice (in this case you can give notice in April form a June end, or ANY 2-months notice after that). Which pretty much leaves us screwed in terms of timings.

A landlord can't refuse a rolling contract, it's your legal right and happens automatically if you stay past the end of your fixed term. Just don't sign a new tenancy agreement and you'll be fine. Read...

Ending/renewing an AST

greatcrested

flimdar said:

However... the REAL issue is that we are in a rented apartment. With a new contract due to be signed. When previous contract ended landlords refused a rolling contract... same expected now. But... all contracts with landlord are a YEAR long, with a 6-month break clause with 2-months notice (in this case you can give notice in April form a June end, or ANY 2-months notice after that). Which pretty much leaves us screwed in terms of timings.

the LL can say they'd prefer a new fixed term, or they can say they refuse a rolling contract, but the legal reality is that if you don't sign you will automatically have a periodic (rolling) tenancy. See my post here

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?

flimdar

Slithery said:

flimdar said:

However... the REAL issue is that we are in a rented apartment. With a new contract due to be signed. When previous contract ended landlords refused a rolling contract... same expected now. But... all contracts with landlord are a YEAR long, with a 6-month break clause with 2-months notice (in this case you can give notice in April form a June end, or ANY 2-months notice after that). Which pretty much leaves us screwed in terms of timings.

A landlord can't refuse a rolling contract, it's your legal right and happens automatically if you stay past the end of your fixed term. Just don't sign a new tenancy agreement and you'll be fine. Read...

Ending/renewing an AST

That's interesting... The company we rent from insist we have to sign another fixed term contract every year otherwise we have to move out. It also states in the paperwork that comes with the contract that they'll issue a Section 21 if you refuse to re-sign.

flimdar

greatcrested said:

flimdar said:

However... the REAL issue is that we are in a rented apartment. With a new contract due to be signed. When previous contract ended landlords refused a rolling contract... same expected now. But... all contracts with landlord are a YEAR long, with a 6-month break clause with 2-months notice (in this case you can give notice in April form a June end, or ANY 2-months notice after that). Which pretty much leaves us screwed in terms of timings.

the LL can say they'd prefer a new fixed term, or they can say they refuse a rolling contract, but the legal reality is that if you don't sign you will automatically have a periodic (rolling) tenancy. See my post here

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?

Our landlord (a management company NOT private landlord) also say that if you do not sign a new fixed term contract they'll issue a Section 21...

Slithery

flimdar said:

The company we rent from insist we have to sign another fixed term contract every year otherwise we have to move out.

Absolute rubbish.

flimdar said:

It also states in the paperwork that comes with the contract that they'll issue a Section 21 if you refuse to re-sign.

Yes, they can do that. But seeing as an S21 is currently 6 months notice, plus a court backlog of another 6+ months it will be 2022 until they can legally evict you.

[Deleted User]

flimdar said:

greatcrested said:

flimdar said:

However... the REAL issue is that we are in a rented apartment. With a new contract due to be signed. When previous contract ended landlords refused a rolling contract... same expected now. But... all contracts with landlord are a YEAR long, with a 6-month break clause with 2-months notice (in this case you can give notice in April form a June end, or ANY 2-months notice after that). Which pretty much leaves us screwed in terms of timings.

the LL can say they'd prefer a new fixed term, or they can say they refuse a rolling contract, but the legal reality is that if you don't sign you will automatically have a periodic (rolling) tenancy. See my post here

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?

Our landlord (a management company NOT private landlord) also say that if you do not sign a new fixed term contract they'll issue a Section 21...

Management company or an individual is irrelevant. Please read the information in the link supplied by Slithery and greatcrested. It contains all the information you need and how and when an AST can be legally ended. 

rik111

And remember any attempt to force you out is a criminal offence, they must issue a valid section 21 currently giving you 6 months notice. Then apply to the court for possession which with current back log could take many months more. Even with this possession order, you still don’t have to leave until they get baliffs to come and evict you. Do you really think they are going to go through all this if you just continue to pay your rent ?

Read up the relevant laws on illegal eviction and do not hesitate to ring the police and don’t get robbed off by them....

grumiofoundation

flimdar said:

greatcrested said:

flimdar said:

However... the REAL issue is that we are in a rented apartment. With a new contract due to be signed. When previous contract ended landlords refused a rolling contract... same expected now. But... all contracts with landlord are a YEAR long, with a 6-month break clause with 2-months notice (in this case you can give notice in April form a June end, or ANY 2-months notice after that). Which pretty much leaves us screwed in terms of timings.

the LL can say they'd prefer a new fixed term, or they can say they refuse a rolling contract, but the legal reality is that if you don't sign you will automatically have a periodic (rolling) tenancy. See my post here

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?

Our landlord (a management company NOT private landlord) also say that if you do not sign a new fixed term contract they'll issue a Section 21...

As posters above have said even if served section 21 is 6 months notice plus longer to actually get to court. 

But (IMO) is unlikely they will even serve Section 21 - I (and friends been in similar positions) have been “threatened” with similar clause, or told the same by letting agents/landlords -
no one time when a fixed term wasn’t signed was Section 21 issued. 

[Deleted User]

As said above definitely do not sign a new contract. Just be firm with the agent / landlord and say no, we’ll just proceed on the automatic periodical tenancy and we note if you serve a sec 21 it needs to be 6 months. They will back down. Then you just need to pester and crawl all over your developer to get your house completed. Just check your letting agreement for the correct notice you need to give and when so you dont miss the effective from date.

flimdar

UPDATE: I've spoken to a some other residents who've challenged our landlord, apparently the landlord's insisted yearly price increases means you DO have to sign a new contract. That's how they're forcing people to - by saying you're signing to agree to the price rise (again if you don't agree to a price rise its a S21) not agree to another fixed-term contract.

Also. Managed to get a termination date out of the builders solicitors. Turns out its the end of next month as contracts were exchanged with a June anticipated completion date. So if house isn't finished we'll undoubtedly be rescinding the deal.