Lease sanity-check

MattMontreal

Hi all,

I rent a flat and the Assured Shorthold Tenancy Agreement ends in 2 months. I'd like to stay.

The property management agency seems to talk in riddles so I'd like to make sure I'm on the right side of the law before I go any further with them.

My lease states: "If we allow you to remain in the Property after the fixed term has expired then the Tenancy will continue as a contractual periodic tenancy in accordance with the Housing Act 1988 (as amended). To end the periodic tenancy you shall give us at least one months’ notice in writing. The notice must expire on the last day of a Rental Period."

This seems pretty clear that as long as they don't formally request I leave, which they haven't done, it will becoming a contractual periodic tenancy, which I can end with one months' notice.

Is this a fair assumption?

hazyjo

Yes.

It's law. You will automatically go on to a rolling contract. The agent may try to get you to sign a new contract (they'll prob charge the LL a fee). Up to you.

MattMontreal

hazyjo said:

Yes.

It's law. You will automatically go on to a rolling contract. The agent may try to get you to sign a new contract (they'll prob charge the LL a fee). Up to you.

Cheers for that, Hazyjo. Is there any benefit that you can think of in getting a new contract? Some additional protection in terms of rent hikes perhaps?

hazyjo

Security. Sign for a year, you're there for at least a year. They can't evict (presuming you don't break the contract). If rolling, you'll prob get 2 months' notice when they want you out. 

MattMontreal

Makes sense. Cheers for the info!

MikeJXE

MattMontreal said:

Hi all,

I rent a flat and the Assured Shorthold Tenancy Agreement ends in 2 months. I'd like to stay.

The property management agency seems to talk in riddles so I'd like to make sure I'm on the right side of the law before I go any further with them.

My lease states: "If we allow you to remain in the Property after the fixed term has expired then the Tenancy will continue as a contractual periodic tenancy in accordance with the Housing Act 1988 (as amended). To end the periodic tenancy you shall give us at least one months’ notice in writing. The notice must expire on the last day of a Rental Period."

This seems pretty clear that as long as they don't formally request I leave, which they haven't done, it will becoming a contractual periodic tenancy, which I can end with one months' notice.

Is this a fair assumption?

Thats Exactly how it is, I'm a renter too

macman

The tenancy doesn't ever end, unless you or a court end it. It just becomes a periodic tenancy.
The downside is that you are committed for a further 6m/12m or whatever you agree.
The upside is security and a fixed rent for the new contractual period.

sourpuss2021

Should a landlord put a rent review clause if he wants to increase the rent when the 12 month fixed term is up?  As he may be happy to let the tenancy continue as periodic but want a small rent increase too because of inflation, rising rents in the local market etc.

propertyrental

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?

Post 5: Rent increases: when & how can rent be increased?

MattMontreal

Update: I was asked if I would be staying and I said I would be, then I was
asked “can you agree to sign to give 2 months’ notice?” when the lease states one month (for me, two for them) once it’s gone periodic. 

If one month suits me better I assume I can just ignore their request, right? 

propertyrental

MattMontreal said:

Update: I was asked if I would be staying and I said I would be, then I was
asked “can you agree to sign to give 2 months’ notice?” when the lease states one month (for me, two for them) once it’s gone periodic. 

If one month suits me better I assume I can just ignore their request, right? 

Correct. Though they be unhappy......