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Hi all,

I've been renting a house for the last 18 months and the AST expires at the end of this month. The landlord is trying to sell up (tax changes have him stuffed lol) and he wants me to sign a new 1 year AST with a break clause where either myself or him can terminate the contract with two months notice. 

Does anyone know if that break clause would be enforceable by him within the first 6 months of the new contract? I've read that you can't be evicted within the first six months of an AST but I haven't been able to find out if that still applies to a renewed AST.

Thanks!

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Given the information you added elsewhere why does he want a new AST signed - assuming you are happy with that just move to a rolling agreement which allows him to give you 2 months notice - otherwise insist on a 6 month AST during which time he can't serve notice. Am I correct in guessing there is an agent involved here who wants some easy money....

Oh and if he's trying to increase rent suggest to him you may start looking...

 

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1 hour ago, skrillex said:

Hi all,

I've been renting a house for the last 18 months and the AST expires at the end of this month. The landlord is trying to sell up (tax changes have him stuffed lol) and he wants me to sign a new 1 year AST with a break clause where either myself or him can terminate the contract with two months notice. 

Does anyone know if that break clause would be enforceable by him within the first 6 months of the new contract? I've read that you can't be evicted within the first six months of an AST but I haven't been able to find out if that still applies to a renewed AST.

Thanks!

Just a thought, he may be trying to sell it as a BTL with a sitting reliable tenant but with the option of vacant possession if that's all he can get, cake and eat it......

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Thanks for the replies, Yes an agent is involved and it's the agent who has been pestering me about the new contract.

After reading up the 1988 Housing Act I think the landlord could enforce the break clause at any time within the first six months and then go to court two months later since the new contract would be a replacement tenancy.

Such a contract is utter junk from my point of view so I'll tell the agent where to shove it.

 

From Chapter 2, Section 21

Quote

(1)Without prejudice to any right of the landlord under an assured shorthold tenancy to recover possession of the dwelling-house let on the tenancy in accordance with Chapter I above, on or after the coming to an end of an assured shorthold tenancy which was a fixed term tenancy, a court shall make an order for possession of the dwelling-house if it is satisfied—

(a)that the assured shorthold tenancy has come to an end and no further assured tenancy (whether shorthold or not) is for the time being in existence, other than [F1an assured shorthold periodic tenancy (whether statutory or not)]; and

(b)the landlord or, in the case of joint landlords, at least one of them has given to the tenant not less than two months’ notice [F2in writing] stating that he requires possession of the dwelling-house.

 

Quote

[F8(4B)A notice under subsection (1) or (4) may not be given in relation to an assured shorthold tenancy of a dwelling-house in England—

(a)in the case of a tenancy which is not a replacement tenancy, within the period of four months beginning with the day on which the tenancy began, and

(b)in the case of a replacement tenancy, within the period of four months beginning with the day on which the original tenancy began.

 

Quote

For the purposes of this section, a replacement tenancy is a tenancy—

(a)which comes into being on the coming to an end of an assured shorthold tenancy, and

(b)under which, on its coming into being—

(i)the landlord and tenant are the same as under the earlier tenancy as at its coming to an end, and

(ii)the premises let are the same or substantially the same as those let under the earlier tenancy as at that time.]

 

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Either ask for a new 6 months ast where he has to serve notice to quit at least 2 months before the end OR just let current tenancy run into a periodic tenancy ( by doing nothing) where he has to give 2 months notice to quit but you only have to give one.

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You are correct that it would be a replacement tenancy and therefore the 6 months rule would not apply.

This proposed new AST is to your disadvantage. If you let the tenancy become a Statutory Periodic Tenancy then you will only need to give one month's notice assuming you pay rent monthly and the landlord would still need to give you two. Nobody has to do anything to make this happen and the landlord can't prevent the SPT from coming into effect as soon as the AST ends.

If he sells the house the new owner will be your landlord and the tenancy will continue as it is.

 

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  • 293 Brexit, House prices and Summer 2020

    1. 1. Including the effects Brexit, where do you think average UK house prices will be relative to now in June 2020?


      • down 5% +
      • down 2.5%
      • Even
      • up 2.5%
      • up 5%



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