Does a S21 notice apply even when it's the end of an AST?

Jenni_D

4) that is unusual, as that would be 2 years and 1 day - usually a contract starting on a date (e.g. 15th) would end at midnight on the 14th (i.e. the last day of the contract term).

saajan_12

onlyrenting said:

Hi all, thanks for the very helpful replies! Some answers to hopefully clarify things:

1.) We don't yet have a next place rented, but we've never struggled with that in the past, and from making a few enquiries in the last 24 hours, it seems very promising, so I am not worried about that. But of course, I am aware that nothing is certain until we have agreed a let elsewhere!
..
5.) We do not actually want to leave (it is a hassle), but an increase from £700 to £775 was too much for us to stomach, and other properties in the area still hover around £675 - £700!

6.) The landlord said he would like to keep us, but needs to increase the rent because he got a remortgage through with his bank, with a higher interest rate on his mortgage, so he needs more rent. Which is fair enough, but we just don't see how the property would be worth that much! (when we originally moved into the property 2 years ago, he wanted £800 for it but it was empty for three months, so we then compromised on £700, but for that we took a 2 year contract!)

7.) There are no mentions of rent increases in our AST, it wasn't a "rent increase notice", he just called us up and we discussed it!

In that case, what's the rush - you can just stay and from 15th Dec (or 16th Dec given the wierd dates in your contract!) you'll be on a periodic tenancy. Check your current contract if it says anything about a periodic tenancy - if not, then it'll be a SPT where you have to give 1 period's notice. 

The rent would automatically stay at £700. The LL would have to serve a Section 13 notice to increase it, which you can challenge at tribunal. The tribunal would then review if its reasonable, and being in line with market rents is a big part of that. If you don't like it, you can still serve notice and leave at that point. The LL could also evict if he doesn't like it, but via Section 21 that would take several months, so sounds like you'd be able to find somewhere and leave before it got to court even. 

There's a chance the LL will realise it's futile insisiting on a higher rent, as a new tenant would only pay in line with the market, meaning you don't have to leave. 

canaldumidi

Your end date: You originaly said "we moved in on 15/12/2019 on a 2 year contract" so that would end on 14/12/21 (exactly 2 years later). You now say ""Term: a fixed term of 24 months, commencing on and including 15/12/2019, to and including 15/12/2021" which is legally ambiguous as that is a term of 24 months plus one day.

Given the end date is unclear, you can interpret it whichever way you choose.

Notice and when to move. Given you are uncertain when you wish to move, AND are unhappy with the proposed rent increase, why not simply stay on a periodic (rolling) tenancy. It's automatic if you stay and requires no agreement. Rent stays the same. 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?

Or better still, agree with the LL to provide 2 weeks notice rather than the legally required full tenancy period ( a month or up to 7 weeks), but if he agrees this, get it in writing.

onlyrenting

Hi all,

Sorry for the late reply, been a bit busy! Thanks for the continuing replies!

The landlord actually came back to me to say that 15/01 is okay for him as a leaving day, we will just pay him one more month's rent. I understand now that this would put me on a periodic tenancy, and that he would actually have to give me 2 months notice, but I don't want the aggro from the landlord, or any conflict.

So I now have until 15/01 to sort things out, and who knows, by then he might think he does not want to keep the property empty, as he has still not had any viewings, so he might extend it even further.

Many thanks to you all, you have been very helpful!

canaldumidi

onlyrenting said:

The landlord actually came back to me to say that 15/01 is okay for him as a leaving day, we will just pay him one more month's rent. I understand now that this would put me on a periodic tenancy, and that he would actually have to give me 2 months notice, but I don't want the aggro from the landlord, or any conflict.
...

It sounds like he has granted you (in writing? verbally?) a new fixed term running from 15/12/21 to 15/1/22.

If you were moving to a periodic tenancy on 15/12/21, then you would have to mutually agree an Early Surrender of that periodic tenancy for 15/1/22 but that could not be done now. Or you could serve notice to end it on 15/1/22. In either case it is a legal impossibility to agree to end the periodic tenancy before it has started, since it does not exist!

But a new one month fixed term is fine.

Yes, to end that 1 month fixed term and evict you, the LL would need to serve you a S21 with 2 months expiry, which cannot be served within the first 4 months (so 6 in total) followed by court proceedings (another 6 months?).

You on the other hand can leave when the fixed term expires on 15/1/22 without notice.

savefortherain

Obviously I don't know the LL's financials, but it seems weird how they HAVE to put the rent up, but are willing to let the property sit without a tenant for however long it takes to get someone else in. Even a month without a tenant could erase nearly a years worth of that increase. Especially if as you say other properties in the area are not going up.

Sounds like greed and trying to cash in on the pandemic rental crisis, and you'd be best to move on.