Tenancy ending - what are our options?

Dummie_2

Hello

Our 12mth tenancy agreement will come to an end on 18 Feb 08. I've just received a letter from the LA advising us to either sign another 12mth contract or vacate the property on the above date.

Our family situation has recently changed and we have been looking for other rentals. I have replied to the LA informing them of this saying I don't wish to renew for another 12mths but may not be able to move out on the date the tanancy ends as we haven't found anywhere to go. I asked them what other options we have and am now waiting for them to reply to me.

Whilst I wait I thought I'll ask the same question here to make sure I don't get taken for a ride by the LA.

Thank you in advance for your advice.

Doozergirl

You can stay on a periodic tenancy which what happens when you stay but do'nt sign a contract. You stay on the same terms as the original contract, but you can give one month's notice ending the day before a rent day and the landlord can give you two month's notice ending day before a rent day.

The LA is just looking for money. If you let teh tenancy roll over, they get nothing, hence they haven't mentioned it. Naughty though.

franklee

Doozergirl wrote: »

You can stay on a periodic tenancy which what happens when you stay but do'nt sign a contract. You stay on the same terms as the original contract, but you can give one month's notice ending the day before a rent day and the landlord can give you two month's notice ending day before a rent day.

The LA is just looking for money. If you let teh tenancy roll over, they get nothing, hence they haven't mentioned it. Naughty though.

Unless of course the agent has already served a Section 21 notice requiring possession - often done at the start of a tenancy to prevent it rolling onto a periodic tenancy and generating renewal fees for the agent as a new AST is then required.

Dummie, Check through the paperwork you were given near the start, was there a S21 tucked away in there?

If not then you can stay on a periodic tenancy as Doozergirl says.

If there is a S21 come back for more advice - but do not stay on a periodic tenancy once the notice has expired unless you can prove the notice invalid. The letter from the agent asking if you want to stay on should have made any prior S21 invalid but obviously the agent doesn't think so as they are asking you to renew or leave at the end of the 12 month fixed term. For that to be the case there would need to be a valid S21 served with the notice expiring at the end of the fixed term.

Doozergirl, Why isn't checking for a S21 part of the standard advice?

jamesd

Dummie, if you have the details of your landlord, one option is to contact them and say that you'd like to stay on in a statutory periodic tenancy until you find another place. That will delay the cost of them finding another tenant so it's in their interest, even though it may cost the letting agent lost fees. Letting agent may not like it but the landlord probably will be happy.

In the event that they do want a new agreement, ask for one with a break clause with one month notice required. All of this is negotiable, so just ask for what you need.

Dummie_2

Section 21. Is this a seperate sheet of paper? I don't have one but there is a paragraph in my contract that says:

Special Tenancy Conditions

Notwithstanding the provisions of the agreement relating to the Term of the tenancy, it is agreed between the parties that should the Landlord wish to terminate the tenancy, he may give the required two months notice in writing to the Tenant in accordance with Section 21 of the Housing Act 1988. This notice can be served upon the Tenant at any time but must not expire before six months from the commenencement of the tenancy.

Can someone please explain what this means in plain English.

Thank you again in advance.

Doozergirl

In means he can't kick you out before the end of the contract and he has to give you at least two calendar months notice when he wants you to leave. That written notice referred to as a Section 21.

That para is not a Section 21 in itself.

Dummie_2

Just to clarify then. If I don't have a sheet of paper with the heading SECTION 21 on it, does this mean I haven't been issued one?

Sorry to be dumb.

Doozergirl

I've never seen one!

clutton_2

there is no prescribed format for a section 21 - but it must have a date on it for it to be valid.

franklee

Dummie wrote: »

Just to clarify then. If I don't have a sheet of paper with the heading SECTION 21 on it, does this mean I haven't been issued one?

Yes, that's right. You are looking for a separate sheet of paper that says Section 21 Notice Requiring possession and gives a date after which the landlord requires possession. It doesn't have to look any particular way, as there isn't a prescribed form for a S21, but should be something along these lines:

http://forums.moneysavingexpert.com/showpost.html?p=6546495&postcount=32

If you haven't been served a S21 then you can stay on a periodic tenancy as Doozergirl said in post #2.

If you have been served a S21 then we need to see if it's valid (from what you've written there is the chance it isn't).

Dummie wrote: »

Sorry to be dumb.

This routine serving of S21 notices to all tenants just after the start of a the tenancy is a loophole (called the Sword of Damocles) that agents use to generate renewal fees. It's quite widespread yet not many tenants realise what's happened in the rush around moving in, so it isn't dumb on your part at all if you don't know what a S21 is like!

Dummie_2

Thank you for your replies.

Based on the information I've been given here, I don't think I've been issued a Section 21.

Do I need to tell the LA that I would like to go on a periodic tenancy agreement or will this naturally happen if I don't complete either of the 2 forms they sent to me (one to agree to another 12mths, the other to agree to vacate on 18 Feb)?

Also, just to confirm. Moving on to a periodic tenancy agreement doesn't involve any agency charges. Correct?

Thank you again. :beer: