Can my landlord decline a periodic tenancy?

Charliebiscuit9

Hi there!

I'm in an AST agreement and my fixed term ends on 4/08. I have been trying to get a response from my landlord for about a month about extending my tenancy as I have signed a contract to move into the flat upstairs from me on 9/09. My landlord has said that my contract is not a "roll out" contract. My TA states:

"If, at the end of this time, you wish to extend your stay in the property the tenancy will continue as a contractual periodic tenancy or fixed term. Should you wish to vacate the property at the end of the initial fixed term, you must give at least one month’s notice to terminate the contract. This notice must end no sooner than the last day of initial fixed term period."

Landlord says that both parties must agree for this to be the case. Apparently, he has other tenants who have signed a contract to move in to my place as soon as my fixed term expires on the 4/08. I have not given him any notice.

Something about this doesn't sit right with me. Can someone confirm that what he's saying is true? I am scratching my head at how I should respond. I have already stated that I don't have anywhere to go between 4/08 and 9/09 as moving in with family isn't an option. I can't afford to AirBnB for that long and certainly not on top of paying out for storage for my things. It's incredibly inconvenient to have to move all of my stuff out only to move it back into the building in a month as I'm on my own.

Any advice would be appreciated!

Thank you.

chanz4

Bad news for him, unless he issues a s21 3 months prior, and even then you dont have to move out nothing he can do

canaldumidi

Can my landlord decline a periodic tenancy?

No. 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?

1) the TA says: "the tenancy will continue as a contractual periodic tenancy or fixed term." Nothing about agreement.

2) even if agreement was required, but denied, then the CPT would fail and leglislation would take over ie a SPT

Apparently, he has other tenants who have signed a contract to move in to my place as soon as my fixed term expires on the 4/08. I have not given him any notice.

Well if the LL has also signed this he is in deep do-do. Not your problem. He will be in breach of contract with these 'other tenants' since he'll be unable to hand over your property to them as per the contract he has prematurely and stupidly signed.

You should do what you want to do (ie stay or leave), not what he wants you to do.

Charliebiscuit9

chanz4 said:

Bad news for him, unless he issues a s21 3 months prior, and even then you dont have to move out nothing he can do

canaldumidi said:

Can my landlord decline a periodic tenancy?

No. 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?

Thank you. I thought this may be the case but I wasn't sure. Any thoughts on how I can word this to him?

I was unsure considering how this would then cause an overlap between my extended tenancy and the new tenants who have signed for 4/08. 

elsien

That’s the landlord’s problem, not yours. Harsh though that may sound. He obviously didn’t want a gap with no rent but he was silly to arrange a new tenant without any sort of gap. 

canaldumidi

chanz4 said:

Bad news for him, unless he issues a s21 3 months prior, and even then you dont have to move out nothing he can do

Isn't it back to 2 months? Not that it really matters to the OP at this stage. Might matter later.

canaldumidi

Charliebiscuit9 said:

chanz4 said:

Bad news for him, unless he issues a s21 3 months prior, and even then you dont have to move out nothing he can do

canaldumidi said:

Can my landlord decline a periodic tenancy?

No. 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?

Thank you. I thought this may be the case but I wasn't sure. Any thoughts on how I can word this to him?

I was unsure considering how this would then cause an overlap between my extended tenancy and the new tenants who have signed for 4/08. 

Depends how amicable you want tobe. Legally there is no need to say anything. Simply don't leave when the fixed term ends and pay rent as before.

If/when you want to leave, serve proper notice.

Or to be amicable/helpful:

Dear Mr LL,

Thanks for your (email/letter/phone call) of (date) regarding my coninuation of my tenancy beyond the fixed term.

This is to let you know I do not wish to end the tenancy so shall be remainng on a Contractual Periodic Tenancy as defined in the tenancy agreement.

Should you maintain that mutual agreement is required for this (which I dispute) and your agreement is not forthcoming, then a contractual Periodic Tenancy would not arise, and in the absence of this a Statutory Periodic Tenancy would arise by default in its place, as per the Housing Act 1988.

theoretica

Do be aware that you may not be able to end your extension on the day you want to - you may need to choose between 03/09 or 03/10 as a statutory periodic tenancy rolls on by whole months.

canaldumidi

theoretica said:

Do be aware that you may not be able to end your extension on the day you want to - you may need to choose between 03/09 or 03/10 as a statutory periodic tenancy rolls on by whole months.

True. Though a CPT normally is the same though may be a different number of months notice. There should be a further clause in the TA agreement somewhere defining notice requirements under a CPT.

An alternative of course is to mutually agree to end the tenancy on whatever date suits both tenant and LL, though given your 'dispute' with the LL over what happens when the fixed term ends, he may be less amenable when it comes to agreement to end it on a specific date to suit you....

Charliebiscuit9

Thank you everyone for your responses. My landlord is continuing to deny that rolling onto a CPT is an automatic process at the end of my fixed term, even after I have pointed it out in the tenancy agreement. 

Will deferring to information in the Housing Act 1988 be enough? I'm wondering if I should give up on any hope our relationship will stay amicable.

canaldumidi

Charliebiscuit9 said:

Thank you everyone for your responses. My landlord is continuing to deny that rolling onto a CPT is an automatic process at the end of my fixed term, even after I have pointed it out in the tenancy agreement. 

Will deferring to information in the Housing Act 1988 be enough? I'm wondering if I should give up on any hope our relationship will stay amicable.

As I said, you are under nolegal obligation to "deferring to information in the Housing Act 1988" ('referring') unless you want to. The LL should be aware of the Act!

Your legal obligation is soley to continue to pay rent beyond the fixed term assuming you stay.

If you have already informed him of your intention, there is no point, or legal need, to continue a debate on the rights/wrongs. Extending the discussion is pointless.

You will either have a CPT, or if he chooses to claim you don't due to his erroneous interpretation, then you'd have a SPT. Either way you can stay, with or without his agreement.