End of tenancy help! (AST to SPT)

Hi everyone,

Our 12 month AST is coming to an end in one months time. Our landlord has rejected our suggestions of a further 12 months with 3 + 6 month break clauses and still wants a further 11 or 12 months fixed term. Our situation is uncertain as we are currently in the process of looking to buy, so we cannot commit to that time period.

My current understanding is that if we stay after the end of our current tenancy without signing a new contract, it will become a statutory periodic tenancy. Then if the landlord gives us a notice to quit (highly likely), that should give us about 4 months (due to covid) before we need to leave.

(1.) Does the landlord have to agree to us staying or do we have the right to stay regardless and just expect the ntq pretty quickly?

(2.) How do we let the letting agents know that we plan to stay without signing a new contract? (In emails, the letting agents have not given us an option to stay without signing a new fixed term so we feel under pressure to sign or leave).

(3.) Can the landlord increase the rent or does the periodic tenancy follow the same terms of the previous fixed term contract?

(4.) Finally, If we do stay, will anything show up on credit records etc if we continue to pay all rent and bills and leave by the date of the notice?

Sorry if the answers seems obvious but just want to double check our rights!
Thank you :slight_smile:

  1. stay regardless. He would have to serve an eviction notice to evict
  2. read your contract. Do you have to inform them if you are staying. Our tenants do but that is written into contract. Email them out of courtesy. They want you to sign a fixed term as it’s in their financial interest
  3. yes rent may be increased but check if your contract is statutory or periodic snd if there is a rent review clause. A rental months notice is required before rent may be increased
  4. no
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Thank you for the reply! The contract doesn’t mention anything about the end of tenancy other than stuff like hand in the keys and leave it as we found it etc… so a courtesy email sounds appropriate.
There’s no clause about a rent review however i’ve just found they’re able to serve a section 13 notice which we could challenge if needs be.

Is an eviction notice to quit the same as the section 21 ntq or does the eviction notice come afterwards from the court? How likely are they to serve us a S21 if we are paying tenants?

They don’t need to serve a section 13 on a contractual periodic and unless the rent increase is really unreasonable you will not be successful in your challenge. Rent control is not in force.

Section 21 serves as an eviction notice and notice to quit. It formalises the process so if you don’t leave they don’t have to waste time serving s21 if you don’t leave.

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No one can say if a S21 will be served or not. It’s the landlords decision…

However, if they were happy to give you another 12 month tenancy they must surely think you are good tenants.

Personally I would have thought it would be more sensible to let you stay on your terms, doesn’t seem to make much sense to get rid of you all the time you are paying rent.

If letting agents are involved, they would be the ones to gain most from sourcing new tenants (assuming the landlord uses them for this.)
They would then be able to charge the landlord for a new tenant find etc.

So possibly may also depend on how much input they have in the matter.

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