Contract Renewal - Landlord insisting on 1 year.

feelsfeels

Good morning,

Our contract is expiring next month and Landlord has sent out a new contract that includes an 8% increase in rent and another 1 year tenure.

However, we would prefer an initial 6 months as we are looking at relocating from the city depending on job opportunities. This was communicated to the Landlord and he's insisting on a 1 year contract.

Just wondering what our option are.

Thank you

propertyrental

Don't sign new contract. You'll automatically move to a periodic (rolling) contract. See

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?

theartfullodger

(Assuming England..)

Why renew?? If you do nothing then the tenancy continues, same terms(**), on a monthly rolling basis - assuming rent paid monthly - called a periodic tenancy.  No new paperwork required.

I'm not in the habit of agreeing to 8% increases for anything... unless forced.
 
If you don't sign/agree then landlord has the option of trying to increase rent using a section13 notice. ... which you are entitled to appeal against (how detailed in the notice).  See
https://england.shelter.org.uk/housing_advice/private_renting/rent_increases

Do you need a landlord reference?? (Such a shame landlords don't require references from previous tenants stating they are good chaps and decent etc etc...)

In your shoes I'd simply do nothing...

** Thatcher's 1988 Housing Act states that when tenancy becomes periodic and terms in tenancy agreement covering giving notice no longer apply

propertyrental

theartfullodger said:

(Assuming England..)

......
** Thatcher's 1988 Housing Act states that when tenancy becomes periodic and terms in tenancy agreement covering giving notice no longer apply

Not sure what you mean by that artful - periodic tenancy can be contractual in which case notice periods in tenancy agreement (contract) apply.

DullGreyGuy

theartfullodger said:
 (Such a shame landlords don't require references from previous tenants stating they are good chaps and decent etc etc...)

Its only because tenants don't ask, your as entitled as they are to ask for references just as you can say no, so could they. 

I did get a reference from the then current tenant of the last place we rented as the Landlord was very unsure about a lot of things in the flat, despite it used to be his home circa 5 years before. Covered more things about the property and how he'd been as a Landlord.

feelsfeels

propertyrental said:

Don't sign new contract. You'll automatically move to a periodic (rolling) contract. See

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?

theartfullodger said:

(Assuming England..)

Why renew?? If you do nothing then the tenancy continues, same terms(**), on a monthly rolling basis - assuming rent paid monthly - called a periodic tenancy.  No new paperwork required.

I'm not in the habit of agreeing to 8% increases for anything... unless forced.
 
If you don't sign/agree then landlord has the option of trying to increase rent using a section13 notice. ... which you are entitled to appeal against (how detailed in the notice).  See
https://england.shelter.org.uk/housing_advice/private_renting/rent_increases

Do you need a landlord reference?? (Such a shame landlords don't require references from previous tenants stating they are good chaps and decent etc etc...)

In your shoes I'd simply do nothing...

** Thatcher's 1988 Housing Act states that when tenancy becomes periodic and terms in tenancy agreement covering giving notice no longer apply

Thank you for your response.

Just to confirm, if we move to a Contractual Periodic Tenancy (CPT),  the landlord can give the tenant 3 calendar months notice (in addition to any requirement in the contract) by serving a S21(1)(b) for tenancies started before 1/10/15, or form 6a for tenancies from 1/10/15.?

Thank you

propertyrental

feelsfeels said:

propertyrental said:

Don't sign new contract. You'll automatically move to a periodic (rolling) contract. See

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?

theartfullodger said:

(Assuming England..)

Why renew?? If you do nothing then the tenancy continues, same terms(**), on a monthly rolling basis - assuming rent paid monthly - called a periodic tenancy.  No new paperwork required.

I'm not in the habit of agreeing to 8% increases for anything... unless forced.
 
If you don't sign/agree then landlord has the option of trying to increase rent using a section13 notice. ... which you are entitled to appeal against (how detailed in the notice).  See
https://england.shelter.org.uk/housing_advice/private_renting/rent_increases

Do you need a landlord reference?? (Such a shame landlords don't require references from previous tenants stating they are good chaps and decent etc etc...)

In your shoes I'd simply do nothing...

** Thatcher's 1988 Housing Act states that when tenancy becomes periodic and terms in tenancy agreement covering giving notice no longer apply

Thank you for your response.

Just to confirm, if we move to a Contractual Periodic Tenancy (CPT),  the landlord can give the tenant 3 calendar months notice (in addition to any requirement in the contract) by serving a S21(1)(b) for tenancies started before 1/10/15, or form 6a for tenancies from 1/10/15.?

Thank you

No . If you move to a Contractual Periodic Tenancy (CPT) LL must serve the correct S21 giving 2 months notice (calendar or period depending on S21 type) and also provide whatever notice the contract specifies, running conjunctively (not sequentially).

What date did your tenancy start, and did it start with a fixed term, or periodically?

If you move to a SPT  the S21 depends whether pre or post 2015.

feelsfeels

propertyrental said:

feelsfeels said:

propertyrental said:

Don't sign new contract. You'll automatically move to a periodic (rolling) contract. See

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?

theartfullodger said:

(Assuming England..)

Why renew?? If you do nothing then the tenancy continues, same terms(**), on a monthly rolling basis - assuming rent paid monthly - called a periodic tenancy.  No new paperwork required.

I'm not in the habit of agreeing to 8% increases for anything... unless forced.
 
If you don't sign/agree then landlord has the option of trying to increase rent using a section13 notice. ... which you are entitled to appeal against (how detailed in the notice).  See
https://england.shelter.org.uk/housing_advice/private_renting/rent_increases

Do you need a landlord reference?? (Such a shame landlords don't require references from previous tenants stating they are good chaps and decent etc etc...)

In your shoes I'd simply do nothing...

** Thatcher's 1988 Housing Act states that when tenancy becomes periodic and terms in tenancy agreement covering giving notice no longer apply

Thank you for your response.

Just to confirm, if we move to a Contractual Periodic Tenancy (CPT),  the landlord can give the tenant 3 calendar months notice (in addition to any requirement in the contract) by serving a S21(1)(b) for tenancies started before 1/10/15, or form 6a for tenancies from 1/10/15.?

Thank you

No . If you move to a Contractual Periodic Tenancy (CPT) LL must serve the correct S21 giving 2 months notice (calendar or period depending on S21 type) and also provide whatever notice the contract specifies, running conjunctively (not sequentially).

What date did your tenancy start, and did it start with a fixed term, or periodically?

If you move to a SPT  the S21 depends whether pre or post 2015.

Thank you once again.

Contract started on a 1 year fixed term in April 2023 and should end April 2024 - this month.

Who decides if we move to a CPT or SPT?

Based on what I have read it seems a contractual periodic tenancy arises when the original lease agreement explicitly states that the tenancy will continue on a periodic basis after the initial fixed term, subject to the terms and conditions of the original lease while a statutory periodic tenancy, on the other hand, arises automatically by operation of law when a fixed-term tenancy expires, and the tenant remains in possession without signing a new lease. It's governed by statutory provisions rather than specific terms agreed upon in the original lease agreement.

Does it mean if the initial agreement does not state that the tenancy will continue on a periodic basis after the initial fixed term, it moves to an SPT if we do nothing?

Thank you

GDB2222

Yes. If it’s stated in the current contract, it’s a cpt.

In practice, your LL can’t evict you inside 6 months, as he has to apply to the court, etc.

However, in my opinion, you should try to negotiate some sort of deal that works all round. I suspect the agent wants a full year’s commission, and that is what is driving this. So maybe speak directly to the LL?

RHemmings

There have been questions like this before. Clearly the OP's landlord wants them to stay on as tenants in the house. If the OP says that they don't want to sign on for another fixed period, but want to go periodic, then is the landlord really going to evict them? 

I was in a situation like this. First, the landlord wanted me to sign on for another year, and I negotiated it down to six months. When the six months ended, I just said unilaterally that I was going onto a rolling contract, and it happened. 

theartfullodger

s21 must give AT LEAST two months... some stupid landlords (yes, amazingly there are some..) think just needs 2 months from when they send it forgetting e.g. post takes time..

Other devious landlords get good proof of service (eg royal mail signed for..) but only actually send local pizza delivery leaflet in envelope... Tenant thinks nothing of it, landlord then goes to evict tenant who ain't prepared....