Landlord Awol At Lease Renewal Time - Any Thoughts?

[Meenzer]

I made this post at the start of the month:

http://www.housepricecrash.co.uk/forum/ind...showtopic=81118

Further to which the landlord agreed to us extending the lease for another 6 months and assured me that the contract would be in the post imminently. Two weeks passed and no contract, so I buzzed him again (have never actually met the fella, naturally - welcome to BTLing, new millennium style) and he apologised and assured me the documents would be on their way within a few a days. Surprise surprise, still nothing.

The lease officially runs out next Thursday; the standing order for next month will go out on Monday unless I cancel it. Obviously I intend to give him another nudge over the weekend, but I suspect the answer will be the same - sorry, have been busy, will get round to it, everything's fine - and I'm not thrilled about paying him for a place I don't actually have a contract on. On the other hand, I really can't be arsed to move at such short notice, entirely possible though it would be in spite of our oral agreement. Gah.

Any thoughts as to my legal position and what I should do next? Am I justified in suspecting that he's in financial trouble and doesn't want to tie himself down for whatever reason, or is he just an idiot? He's always been reasonably competent in the past, at least in a face-to-the-renter sense, though obviously the ill-advised remortgage described in my original post gives a few clues as to his financial expertise...

[JohnnyB]

If the AST lapses and you don't sign a new one then you are on a periodic tenancy. Provided you keep paying the rent as usual then you have all the same rights as the AST, except the landlord can give two full rental periods of notice if he wants posession and you can give one full rental period notice if you want to leave.

Basically it would give you some flexibility but you'll also lose the security of knowing you can stay there for a year. It depends what suits you, if you'd like to move at some point in the next 12 months but aren't sure when then it might be better to leave it as it is, but if you definitely want to stay for a year then just keep on his back about getting the AST. Whatever happens he will need to give you at least two full rental periods notice if he wants you out so you will always have plenty of time to find a new place.

[Meenzer]

That's more than a little reassuring, ta. I realise these are the sort of basic things one should know as a tenant, really, so thanks for tolerating my ignorance.

[JohnnyB]

That's more than a little reassuring, ta. I realise these are the sort of basic things one should know as a tenant, really, so thanks for tolerating my ignorance.

No problem, quite a lot of people don't know that. Unless the landlord serves a section 21 on you near the end of a tenancy you actually have to give one months notice that you are leaving. A lot of people don't realise and think they can just leave at the end of the AST so it's worth knowing about it.

[gilf]

Having read your other post his actions seem a little suspicious, might be worth checking Rightmove just to make sure he's not selling it. *

I'd also check to see if he served a section 21 notice when the tenancy started, that is done sometimes and would mean you won't be automatically switching to a periodic tenancy.

* We have rented places which were advertised without the EA coming round, used old photos and information, there was nothing underhand going on in our case but what I mean is the EA doesn't have to have come round at any point.

[Meenzer]

Having read your other post his actions seem a little suspicious, might be worth checking Rightmove just to make sure he's not selling it. *

I'd also check to see if he served a section 21 notice when the tenancy started, that is done sometimes and would mean you won't be automatically switching to a periodic tenancy.

* We have rented places which were advertised without the EA coming round, used old photos and information, there was nothing underhand going on in our case but what I mean is the EA doesn't have to have come round at any point.

The former certainly occurred to me, and although the contract has now shown up and everything is apparently in order, I fully intend to keep checking just in case. It's a shame when you have to doubt the solvency and the inherent honesty of someone who's been a decent landlord by all accounts, but that's the summer of 2008 for you I suppose...