Assured shorthold tenancy shorter than 12 months - any risks?

gelato_cat

I'm living in a house I rent. I originally had a 12-month AST. When that was nearing its end, I asked the landlord for a 12-month renewal, which they agreed to.

The renewal is shortly going to end. I want to renew again, but I don't want 12 months this time, because I want to buy a house this year. I'm therefore thinking about asking for eight months, and then move to rolling tenancy if needed (eg if I don't complete on the new house before the rental contract finishes). Then give the correct notice at an appropriate time when I'm ready to move into my new house.

Are there any risks I should be aware of regarding an eight-month tenancy vs a 12-month one? I'm assuming that once I go to rolling, the landlord can propose a rent increase straightaway, which is one risk. And that they can issue a Section 21 as soon as I move to rolling. But I think both these situations can apply after 12 months anyway, they're not unique to ASTs shorter than 12 months?

DE_612183

you could also ask for a break clause at 8 months

gelato_cat

DE_612183 said:

you could also ask for a break clause at 8 months

Thanks - are there any advantages or disadvantages to that, compared with an eight-month AST and moving to rolling if needed?

If they choose to invoke the clause, how much notice would they have to give me?

theartfullodger

Would suggest you move to a rolling AST - then you just need to serve valid notice to quit (AT LEAST 1 month expiring on 1st of last day of period..) , landlord must give you at least 2 months notice. 


Most flexibility for you, but landlord could serve s21 (For NO REASON AT ALL) to start end tenancy process: However whilst your NTQ would end tenancy, landlord's s21 does not end tenancy nor compel tenant to leave. To force you out he needs court then bailiffs, likely 6 months timescale..

FYI an AST could be for 3 days (then roll on, periodic..) a week ditto ..., 4 weeks, a month, 5 months etc etc etc,,,  However an s21 cannot be served so that it expires validly before 6th month from start - which is why most not-very-bright agents think it has to be at least 6 months...

Artful, landlord since 2000

propertyrental

whyn not just move to a periodic (rolling) tenancy now rather than faff about?

More flxibility for you.

gelato_cat

propertyrental said:

whyn not just move to a periodic (rolling) tenancy now rather than faff about?

More flxibility for you.

I'm not "faffing about".  An AST the same as my current one gives me the security of knowing they can't issue me with an eviction or rent increase notice until the autumn.

theartfullodger

Absolutely nothing to stop them issuing s8 notice for whatever valid ground (eg rent underpaid by 1p or one day late).

Discretionary mind, unlikely to get anywhere but possible.

secla

Its unusual and makes it quite obvious to landlord that you intend to leave in 8 months time.

propertyrental

by 'faffing about' i meant negotiating an 8 month fixed term (which is unusual and unlikely to be readily agreed) or getting a Break Clause added.

LL might simply agree, but more likely will decline and stick to a 12 month renewal.

Yes, on a periodic there's risk of a S21 (which will take months to implement). 

Re rent increase - does the current contract specify when/how much? If so, LL has to abide by that. If not, rent via S13 cannot be raised withing 12 months of previous increase which was..... when?