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Mr Blek

End Of Contract

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I'm currently in a short term assured tenancy agreement (6 months) which runs out this month. The agency have rung me up asking when I'm coming in to sign the extension for another six months. The problem is I don't know whether I'll still be here in six months, so I ideally I'd like to rent for another 3 months and then on a rolling one month contract. What's the best way to go about this as I know the agency are a bunch of barstools.

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I'm currently in a short term assured tenancy agreement (6 months) which runs out this month. The agency have rung me up asking when I'm coming in to sign the extension for another six months. The problem is I don't know whether I'll still be here in six months, so I ideally I'd like to rent for another 3 months and then on a rolling one month contract. What's the best way to go about this as I know the agency are a bunch of barstools.

A month prior to our 6 months SHT expiring the Agent enquired if we wanted to carry on renting, which we did. This being the case we can stay as long as we want giving a months notice to quite, with the Agent giving us 2 months notice to quit if they want us out. I think that is standard practice amoungst reputable agents. I reckon they the Agents are just after making money out of you re agreement costs.

Mr Shed is the man man to ask regards rental questions.

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Thanks for the compliment Catch22 :)

Basically Blek, they are unlikely to allow you to sign a new AST(which is what it would be) for 3 months, as AST tenants automatically have security of tenure for 6 months. Your best option is to ask if you can go straight onto a "rolling contract", or in other words a statutory periodic tenancy. Bear in mind that if you refuse to sign the 6 month extension, then they are quite within their rights to evict you, as after the fixed term, no reason is required to evict. However, the notice period for this is 2 months, so if they have not yet issued you with an eviction notice it will take at least this long, plus the time taken to get it through the courts etc(usually 2-4 weeks).

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I'm currently in a short term assured tenancy agreement (6 months) which runs out this month. The agency have rung me up asking when I'm coming in to sign the extension for another six months. The problem is I don't know whether I'll still be here in six months, so I ideally I'd like to rent for another 3 months and then on a rolling one month contract. What's the best way to go about this as I know the agency are a bunch of barstools.

The problem is that you are formally required to give a minimum of 40 days notice that you are terminating the 6 months tenancy, despite the fact that you have a contract for this period. If you do not comply with this deadline then your L.L. has a legal right to roll the tenancy on for a minimum of another 6 months.

Alternatively you could ask the L.L. for a monthly lease on the expiry of the 6 month lease but they are not obliged to give this.

I would suggest you look into this very speedily.

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The problem is that you are formally required to give a minimum of 40 days notice that you are terminating the 6 months tenancy, despite the fact that you have a contract for this period. If you do not comply with this deadline then your L.L. has a legal right to roll the tenancy on for a minimum of another 6 months.

Alternatively you could ask the L.L. for a monthly lease on the expiry of the 6 month lease but they are not obliged to give this.

I would suggest you look into this very speedily.

Some one help me with this, but isn't this just wrong? At the end of the AST, the landlord has to give 2 months notice for the tennant to leave, but if he wants to the tennant can just go without any further notice on the day the tennancy expires.

If the tennant does not want to leave and the landlord does not issue a section 21 notice, the tennancy agreement is now a periodic tenanncy in which the tennant has to give 1 months notice to leave or the landlord gives 2 months notice to leave.

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Thanks for the compliment Catch22 :)

Basically Blek, they are unlikely to allow you to sign a new AST(which is what it would be) for 3 months, as AST tenants automatically have security of tenure for 6 months.

That is wrong Mr. Shed there is only one 6 month security of tenure covered by statute and that will expire at the end of the current contract.

Alba

he problem is that you are formally required to give a minimum of 40 days notice that you are terminating the 6 months tenancy, despite the fact that you have a contract for this period. If you do not comply with this deadline then your L.L. has a legal right to roll the tenancy on for a minimum of another 6 months.

Um, No, No, No and No.

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That is wrong Mr. Shed there is only one 6 month security of tenure covered by statute and that will expire at the end of the current contract.

Thanks for all the replies so far.

So does that mean I can ask for a four month fixed contract with 1 month notice period?

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Thanks for all the replies so far.

So does that mean I can ask for a four month fixed contract with 1 month notice period?

Yes, its entirely down to negotiation between you and the landlord\agent (you might get a better result if you try and talk to the landlord directly).

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That is wrong Mr. Shed there is only one 6 month security of tenure covered by statute and that will expire at the end of the current contract.

No he is not, you just misunderstood what he was saying :ph34r:

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Thanks Catch22. Sorry Mr Crunch, just to make myself clear. Should the landlord sign a NEW ast with the tenant, then the tenant will have 6 months security of tenure, regardless of the length of the fixed term. Apologies if this was not clear to start with.

And Alba.....where on gods green earth did you get such incorrect information?

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Thanks Catch22. Sorry Mr Crunch, just to make myself clear. Should the landlord sign a NEW ast with the tenant, then the tenant will have 6 months security of tenure, regardless of the length of the fixed term. Apologies if this was not clear to start with.

No MrShed that is incorrect, there is only one 6 month security of tenure provided by statute in subsequent tenancies.

1988 Housing Act (amended 1996)

S.21

5 Where an order for possession under subsection (1) or (4) above is made in relation to a dwelling-house let on a tenancy to which section 19A above applies, the order may not be made so as to take effect earlier than -

a in the case of a tenancy which is not a replacement tenancy, six months after the beginning of the tenancy, and

b in the case of a replacement tenancy, six months after the beginning of the original tenancy.

6 In subsection 5 b above, the reference to the original tenancy is -

a where the replacement tenancy came into being on the coming to an end of a tenancy which was not a replacement tenancy, to the immediately preceding tenancy, and

b where there have been successive replacement tenancies, to the tenancy immediately preceding the first in the succession of replacement tenancies.

7 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 to 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.

No he is not, you just misunderstood what he was saying :ph34r:

I don't believe I did misunderstand.

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Thanks Catch22. Sorry Mr Crunch, just to make myself clear. Should the landlord sign a NEW ast with the tenant, then the tenant will have 6 months security of tenure, regardless of the length of the fixed term. Apologies if this was not clear to start with.

And Alba.....where on gods green earth did you get such incorrect information?

From the Shelter Website

What happens when my tenancy runs out?Your tenancy agreement will say how long you have rented the property for, for example, six months or a year. At the end of that time, your tenancy will automatically renew itself unless:

• you give the landlord written notice that you want to leave at the end of the tenancy (see 'what if I want to leave' below), or

• your landlord gives you written notice that they want you to leave the property.

If your landlord has given you notice saying that they want you to leave, please see our section on eviction.

If neither you nor your landlord has given notice, your tenancy will renew itself. This will be for the same length of time, unless your tenancy agreement says that it will be for a different period.

For example, your tenancy agreement might say 'the property is let for a period of six months and then monthly thereafter'. This would mean that your tenancy agreement would be for six months and that it could renew itself one month at a time after that.

If the tenancy was for more than a year, it can only renew itself for a year.

There is no need for a new AT5 each time the tenancy renews itself.

Back to top

What if I want to leave?

Before you can leave, you must give your landlord written notice.

If you want to leave before your tenancy has run out or you are in a period when it has renewed itself, you will need to check if you can arrange to leave before the end of the tenancy. It should state on your tenancy agreement whether you can do this and if so, how much notice you have to give.

Even if this is not mentioned on the tenancy agreement, you may be able to come to an arrangement with your landlord.

If you cannot reach an arrangement with your landlord, you will have to give notice stating that you wish to leave when the tenancy runs out.

The minimum notice you have to give is:

• 40 days if your tenancy is for six months or longer

• 28 days if your tenancy is continuing on a month to month basis after the original period has expired.

The minimum notice is based on how long it says the property was let for on your tenancy agreement. It is not based on how long you have lived in the property.

If you leave the property without giving notice or before your notice has run out, you will still be responsible for the property and for any rent that you are due to pay. If your landlord has to take any legal action, you could also be responsible for any costs that they have to pay.

Edited by Alba

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In that case, shelter need to change their website :|

*EDIT* having read it more, I am extremely concerned that a housing advice organisation are giving such blatently false information. I shall highlight some areas I have the greatest issues with:

"If neither you nor your landlord has given notice, your tenancy will renew itself. This will be for the same length of time, unless your tenancy agreement says that it will be for a different period."

No it won't, it goes onto a statutory periodic tenancy.

"• 40 days if your tenancy is for six months or longer "

If you are in the fixed term of your tenancy, you can leave at the end giving no notice at all.

"• 28 days if your tenancy is continuing on a month to month basis after the original period has expired."

It is one rental period, not 28 days. In practise this would usually be the same, but certainly nowhere near always.

I intend to contact Shelter and inform them of this erroneous info. Can you post the link please Alba?

Edited by MrShed

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In that case, shelter need to change their website :|

*EDIT* having read it more, I am extremely concerned that a housing advice organisation are giving such blatently false information. I shall highlight some areas I have the greatest issues with:

"If neither you nor your landlord has given notice, your tenancy will renew itself. This will be for the same length of time, unless your tenancy agreement says that it will be for a different period."

No it won't, it goes onto a statutory periodic tenancy.

"• 40 days if your tenancy is for six months or longer "

If you are in the fixed term of your tenancy, you can leave at the end giving no notice at all.

"• 28 days if your tenancy is continuing on a month to month basis after the original period has expired."

It is one rental period, not 28 days. In practise this would usually be the same, but certainly nowhere near always.

I intend to contact Shelter and inform them of this erroneous info. Can you post the link please Alba?

I think the probem arises because you are talking about England and I am referring to Scotland.

I assumed that there would be UK wide regulations as you possibly did also.

Here is the web reference http://scotland.shelter.org.uk/advice/advice-2381.cfm

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Ah ha....yes of course my apologies, that would explain it. Sorry, I always assume England, as that is where I am based! Thanks for the clarification Alba.

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  • 302 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% +
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      • Even
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      • up 5%



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