Fixed Term Tenancy End

nekr0mantik

Hi 

So currently living in a fixed term tenancy which is due to end in December 2021.
Got email as usual from the Estate Agent who manage the property to say to let them know asap if I want to a - leave at the end of the term or b - sign a new fixed term.
Now I know legally this would turn into rolling tenancy and I dont have to renew but I suspect its much easier for agents to evict me? 
My situation is I am currently in process of purchasing a property which if all goes well should be completed anytime between early to end October so plenty of time.
However if for any reason it drags on beyond the fixed term end then would the agents be able to go to courts to evict me for short period while I move to new place?
And are there any circumstances that mean the tenancy wont turn into rolling and will end and I cant stay longer?

Thanks

Slithery

If you stay past the end date and it becomes a rolling tenancy (as is your legal right) then the LL will first have to serve you with an S21 notice (currently 4 months). After this expires they are then able to apply for the courts for an eviction notice. Current backlog in the courts is about 2 years so realistically there is no way for your LL to get you out of the property before 2023/2024.

There are no circumstances which can override your statutory right to a rolling tenancy. Read...

Ending/renewing an AST

nekr0mantik

Slithery said:

If you stay past the end date and it becomes a rolling tenancy (as is your legal right) then the LL will first have to serve you with an S21 notice (currently 4 months). After this expires they are then able to apply for the courts for an eviction notice. Current backlog in the courts is about 2 years so realistically there is no way for your LL to get you out of the property before 2023/2024.

There are no circumstances which can override your statutory right to a rolling tenancy.

Good to know thanks.
Just want to have everything covered. Once I know if the purchase will get to exchange and then have completion I will contact Agents and explain that I dont want to re-new and I will let them know once I know of a move date.
Only issue becomes is I would most likely need to pay rent for the whole month if I only stay for 1 week for example.

secla

nekr0mantik said:

Only issue becomes is I would most likely need to pay rent for the whole month if I only stay for 1 week for example.

You will have to pay rent until the end of your fixed term regardless of your moving date. unless your landlord allows you early release then your liable for rent + bills until december

Slithery

nekr0mantik said:

Only issue becomes is I would most likely need to pay rent for the whole month if I only stay for 1 week for example.

Possibly up to 2 months. Your notice needs to align with the end date of your tenancy.

For example if your tenancy runs from the 1st to the 31st of each month but you give notice on the 3rd of January you would need to pay rent until the end of March. You should have already allowed for this when doing the budget for your purchase.

nekr0mantik

Slithery said:

nekr0mantik said:

Only issue becomes is I would most likely need to pay rent for the whole month if I only stay for 1 week for example.

Possibly up to 2 months. Your notice needs to align with the end date of your tenancy.

For example if your tenancy runs from the 1st to the 31st of each month but you give notice on the 3rd of January you would need to pay rent until the end of March. You should have already allowed for this when doing the budget for your purchase.

I think its only 1 month when it comes rolling as I read that it depends on when you pay rent and currently I pay rent 2nd week of every month so if it becomes rolling tenancy in December then it would become a monthly rolling tenancy. So I would owe for that whole month. This is very unlikely anyway as my purchase started end of July and its a no chain purchase so dont think it will take until December to complete. If I not exchanged by end of this month I may just back out as there is something wrong if it should been simple purchase as in no complicated scenarios and no chains so should not take 2 months to exchange. If I exchange in time then I can hand in my 30 days notice prior to fixed term ending as there is a break clause. That will be best case as no extra rent. Could get complicated if I need to stay extra week or 2 in case of no movers free or completion delays.

Robbo66

Slithery said:

If you stay past the end date and it becomes a rolling tenancy (as is your legal right) then the LL will first have to serve you with an S21 notice (currently 4 months). After this expires they are then able to apply for the courts for an eviction notice. Current backlog in the courts is about 2 years so realistically there is no way for your LL to get you out of the property before 2023/2024.

There are no circumstances which can override your statutory right to a rolling tenancy. Read...

Ending/renewing an AST

This reverts back to 2 months as of the 1st October 2021

dimbo61

The whole process of buying a property has become alot slower due to a number of factors.
Land registry, searches from councils and other bodies, surveys and legals.
Banks and Building societies have to pay due diligence so won't be rushed and will want to be sure every box is ticked.
You also need to line up your dates as you can't just hand in your notice and expect to leave after 30 days without paying extra.
Now your current fixed term contract finishes in the middle of December ? 
You don't have to give notice but it would be nice to inform your LL/LA that your not renewing.
However you will I Hope be close to exchange/completion by the middle/end of November and have time to move into your new home at your own pace and not the panic/stress that often happens when you have to move out of one property into another all on the same day.

MaryNB

nekr0mantik said:

Slithery said:

nekr0mantik said:

Only issue becomes is I would most likely need to pay rent for the whole month if I only stay for 1 week for example.

Possibly up to 2 months. Your notice needs to align with the end date of your tenancy.

For example if your tenancy runs from the 1st to the 31st of each month but you give notice on the 3rd of January you would need to pay rent until the end of March. You should have already allowed for this when doing the budget for your purchase.

I think its only 1 month when it comes rolling as I read that it depends on when you pay rent and currently I pay rent 2nd week of every month so if it becomes rolling tenancy in December then it would become a monthly rolling tenancy. So I would owe for that whole month. This is very unlikely anyway as my purchase started end of July and its a no chain purchase so dont think it will take until December to complete. If I not exchanged by end of this month I may just back out as there is something wrong if it should been simple purchase as in no complicated scenarios and no chains so should not take 2 months to exchange. If I exchange in time then I can hand in my 30 days notice prior to fixed term ending as there is a break clause. That will be best case as no extra rent. Could get complicated if I need to stay extra week or 2 in case of no movers free or completion delays.

If your purchase drags into next year and you end up with a same day exchange/completion you could end up paying up to two months.
Say your tenancy dates are 10th December 2020 to 9th December 2021. You exchange and complete on the 12th of January 2022, and, as you should, you only hand your notice in the day you exchange. Since your notice will line up with your tenancy dates and has to be a month, if you missed the 10th of Jan, the month doesn't start until the 10th of Feb so the end of the tenancy will be the 9th of March. In that scenario you'll be paying a mortgage and bills on your new property from the 12th of Jan and rent and bills on your rental until the 9th of March - so nearly a 2 month overlap. 

theartfullodger

Agents can't evict you (unless they are solicitors), only landlord or his legal representative

nekr0mantik

dimbo61 said:

The whole process of buying a property has become alot slower due to a number of factors.
Land registry, searches from councils and other bodies, surveys and legals.
Banks and Building societies have to pay due diligence so won't be rushed and will want to be sure every box is ticked.
You also need to line up your dates as you can't just hand in your notice and expect to leave after 30 days without paying extra.
Now your current fixed term contract finishes in the middle of December ? 
You don't have to give notice but it would be nice to inform your LL/LA that your not renewing.
However you will I Hope be close to exchange/completion by the middle/end of November and have time to move into your new home at your own pace and not the panic/stress that often happens when you have to move out of one property into another all on the same day.

Current fixed term ends start of December. 
Yes my original completion date was end of September and the 2nd valuation and management pack delay is what delaying me at the moment. Valuation was done Tuesday so should have mortgage offer tomorrow and EA said management pack has been cashed urgently and should be with solicitor by tomorrow also. So fingers crossed we exchange mid September.