Can I be evicted?

J41721

My rental contract fixed 1 year is coming up soon.  If we don't negotiate a new one, are we going in a rolling contract?
How could I avoid being evicted?  If they ask us to move, could we stall for another 6-12 months ?

I am a good tenant and paid my rents.  However, rents and house prices have gone up significantly and I am worried landlord might be selling

Alter_ego

If you don't sign a new contract/tenancy agreement you will automatically be on a rolling tenancy.

MaryNB

If you do nothing you will automatically continue on a monthly rolling contract. 

They are not obliged to offer another fixed term contract and on the other side of that you do not have to sign one if offered. 

A landlord or letting agency cannot evict you without an order from the court. Only a court or a tenant can unilaterally end a tenancy agreement.

They can issue an S21 notice (2 month notice period) at any point during a periodic tenancy. During the fixed term they can only issue it so it expires no earlier than the end of the fixed term.
This is NOT an eviction notice. It is a notice saying if you don't leave in two months they will apply to the court for an eviction order. When the two months are up they can then apply to the court which will taken several more months. Until the eviction order is issued you remain a tenant with all the legal protections you currently have.

The landlord can sell a property with you still living there. Although this generally means they have to sell at a reduced rate because only other landlords will buy it so landlord often trying to get tenants out first.

J41721

MaryNB said:

If you do nothing you will automatically continue on a monthly rolling contract. 

They are not obliged to offer another fixed term contract and on the other side of that you do not have to sign one if offered. 

A landlord or letting agency cannot evict you without an order from the court. Only a court or a tenant can unilaterally end a tenancy agreement.

They can issue an S21 notice (2 month notice period) at any point during a periodic tenancy. During the fixed term they can only issue it so it expires no earlier than the end of the fixed term.
This is NOT an eviction notice. It is a notice saying if you don't leave in two months they will apply to the court for an eviction order. When the two months are up they can then apply to the court which will taken several more months. Until the eviction order is issued you remain a tenant with all the legal protections you currently have.

The landlord can sell a property with you still living there. Although this generally means they have to sell at a reduced rate because only other landlords will buy it so landlord often trying to get tenants out first.

Seem my best action is to negotiate anther 1 year fixed term if I don't want to move during this year.  Thank you!

elsien

J41721 said:

MaryNB said:

If you do nothing you will automatically continue on a monthly rolling contract. 

They are not obliged to offer another fixed term contract and on the other side of that you do not have to sign one if offered. 

A landlord or letting agency cannot evict you without an order from the court. Only a court or a tenant can unilaterally end a tenancy agreement.

They can issue an S21 notice (2 month notice period) at any point during a periodic tenancy. During the fixed term they can only issue it so it expires no earlier than the end of the fixed term.
This is NOT an eviction notice. It is a notice saying if you don't leave in two months they will apply to the court for an eviction order. When the two months are up they can then apply to the court which will taken several more months. Until the eviction order is issued you remain a tenant with all the legal protections you currently have.

The landlord can sell a property with you still living there. Although this generally means they have to sell at a reduced rate because only other landlords will buy it so landlord often trying to get tenants out first.

Seem my best action is to negotiate anther 1 year fixed term if I don't want to move during this year.  Thank you!

Check for break clauses if you do that. 

MaryNB

J41721 said:

MaryNB said:

If you do nothing you will automatically continue on a monthly rolling contract. 

They are not obliged to offer another fixed term contract and on the other side of that you do not have to sign one if offered. 

A landlord or letting agency cannot evict you without an order from the court. Only a court or a tenant can unilaterally end a tenancy agreement.

They can issue an S21 notice (2 month notice period) at any point during a periodic tenancy. During the fixed term they can only issue it so it expires no earlier than the end of the fixed term.
This is NOT an eviction notice. It is a notice saying if you don't leave in two months they will apply to the court for an eviction order. When the two months are up they can then apply to the court which will taken several more months. Until the eviction order is issued you remain a tenant with all the legal protections you currently have.

The landlord can sell a property with you still living there. Although this generally means they have to sell at a reduced rate because only other landlords will buy it so landlord often trying to get tenants out first.

Seem my best action is to negotiate anther 1 year fixed term if I don't want to move during this year.  Thank you!

As long as you are comfortable signing up for another full year and the landlord agrees.

If you need to move during the fixed term you may not be able to end the tenancy until the year is up. If you want to end the tenancy early either you use a break clause but only if the tenancy agreement includes one (they're not in there by default and are usually at the 6 month mark) or you manage to negotiate early surrender with the landlord.

If there is no break clause and the landlord does not allow you to end it early you remain liable for rent (and bills if you are responsible for paying utilities) until the fixed term is up and you move out.

If you do have a break clause the landlord could also use this to end the fixed term early. They can't do this before 6 months is up. If either party wants to trigger it they must be adhere to the terms of the break clause as set out in the AST.

canaldumidi

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?

Murphybear

If your landlord decides to sell then come back to us.  There are loads of tips and tricks to make the situation easier for the tenant.  

steampowered

If rents have gone up, personally I would keep quiet. A rolling monthly tenancy is absolutely fine.

Going onto a new fixed term tenancy would trigger the landlord to take another look at the rent and possibly renegotiate.