Hi, all wondered if anybody could help with my current situation.
My boyfriend and I hope to move in together this year, but as I will be moving out of a houseshare we will need to time this with my housemates being able to find a replacement for me, so we are not 100% sure when we will be able to move out. Neither of us are in the position to pay a 2x rent for a single month.
My boyfriends fixed term contract ends this month, and we had hoped he could move onto a rolling tenancy, so we could serve our 1 months notice and move out once we have found a new place, and a replacement for me.
My boyfriend emailed his landlord to say that he hoped to move onto a rolling tenancy, but the landlord denied and said he must either sign another contract (at least 6 months) or move out in one month.
We were confused because everywhere online seems to say that a rolling tenancy will automatically start after a fixed term tenancy ends, that that landlords will need to provide at least 2 months notice if they want toe property back. We did however find the following statement in the contract.
Clause 33 is of no legal effect as the landlord is unable to serve notice during the fixed term unless its a fault based eviction.
You are correct that a periodic tenancy will arise automatically at the end of the tenancy if the tenant remains in occupation. There is nothing the landlord can do about this except serve notice, which must be at least 2 months, regardless of what the contract says. I’m assuming that your boyfriend has an individual tenancy, not a joint agreement.
You may not be obliged to replace yourself either. Do you have an individual or joint tenancy? When does the fixed term end?
Fixed 6-month tenancy expired end Jan 2022, property was vacated before the end.
The agreement only mentions Housing Act 1988 as amended by Part III of Housing Act 1996, but also insists it was drawn up after consideration of OFT Guidance on Unfair Terms in Tenancy Agreements.
However, it contains a 1-month notice clause and a statement referring to the tenancy ‘becoming a periodic tenancy’.
At this point they are withholding the deposit in lieu of a month’s rent.
What do I need to do to proceed against the Letting Agency that is trying to enforce this tenancy agreement?
So, firstly. You are within your rights to leave before the AST lapses into a statutory. You can do that with no notice what-so-ever. If you are in the property the day after the AST lapses you have created a statutory periodic.
However, it is obviously courteous and in everyone’s best interest to let them know you are leaving. Anything else is just bad form.
To get your deposit back you apply to the scheme it’s put into and they will deal with it.
What does the agreement say happens at the end of the fixed term? If it says that the tenancy continues on a periodic basis, it may be a contractual periodic tenancy. In this case I believe that the landlord can insist on notice to end the tenancy before the periodic phase begins. If it mentions any continuation being as a statutory periodic tenancy or doesn’t say anything about the tenancy continuing, then no notice was required and you should ask the landlord on what basis he believes that his clause over-rides the binding case of Monk vs Hammersmith and Fulham.
The first clause is talking about notice arrangements once the tenancy becomes periodic. Clause 7.3 looks to be unenforceable with respect to notice to end the fixed term, as this does not appear to be a contractual periodic tenancy and it is contrary to established case law.
