I’m really hoping someone can give me some advice.
I am currently 6 weeks from the end of the fixed term under an AST. I would really like for the tenancy to roll over into periodic tenancy, but the landlord is stating they don’t allow fixed term tenancies to slip into periodic tenancies and they either require a new fixed term tenancy to be signed or for me to move out.
Please could someone confirm if this is correct.
Many thanks
Andy
I dont see why he wants this as long as you pay the rent , no problem I have two tenants whose ast s ended 21 years ago . They are still there and still pay the rent. Their rents have more than paid for the buildings. Happy days. If you have not been given notice then its 6 months grace anyway
Ultimately this is the landlords choice. You have no right to a long term periodic tenancy if the landlord doesn’t want it, although I agree with Colin that its a foolish policy on his part as I think its generally better for both parties to allow it go periodic.
What you do now depends on whether you need a good reference when you move on. If you do nothing, a periodic tenancy will arise and the landlord will have to serve notice to get you out. Notice is currently 6 months. However, this would be likely to affect your reputation as a tenant. If this is not a consideration then you can just do nothing and wait for the notice.
Dont see how insisting on his legal right of 6 months notice would affect his reputation as a tenant. A fixed term ast doesn’t automatically end, someone needs to give notice so if landlord didn’t want it to go periodic they should have given notice sooner. Landlords can’t give bad references just because they dont like the rules.
Thank you for all your responses from which I understand that the landlord can’t insist that I move out at the end of the fixed tenancy period but has to provide 6 months notice that he wishes me to quit.
Does this still apply if my AST contains the following clause:
When the Tenancy Period is over I will: a. give the Landlord vacant possession
Many thanks
Yes it still applies. That would be standard in all contracts but doesn’t mean it ends at end of fixed period.
I don’t think you meant to say that a fixed term ast doesn’t automatically end, as I’m sure you know that it does, through the effluxion of time, and its replaced automatically by a periodic tenancy. However, I agree with you that it would be unfair to penalise a tenant who simply says he is unable to sign a new agreement at this time, but I’ve observed that when agents request references, they often ask whether the landlord had to serve notice on the tenant. If the landlord served a s21 notice becuase the tenant won’t sign then it could count against him. I would recommend that the tenant have a proper conversation with the landlord saying that he is not in a position to sign a new agreement at this time and if that means he has to move-on can the tenant give a longer period of notice, perhaps 3 months or so. In these difficult times, tenant reputation is everything in my view.
I was referring to the overall tenancy. Clearly it is no longer a fixed term tenancy after the expiry of the original dates.
It would be extremely harsh! Most landlords are perfectly happy with allowing periodic and I have had several that have continued for several years on periodic basis but it is reasonable for tenants to want the flexibility that periodic provides. I can’t see many landlords refusing to grant a new tenancy just because the tenant refused to sign a new contract. The fact they were offered one indicates they are a good tenant and if the current ll want tenants to leave he is unlikely to make this harder by providing an unreasonable poor reference. It isn’t a tenants responsibility to enable landlords to get around the rules.
Thank you all for you inputs. Very much appreciated.
I have now gone back to the LL with all the relevant facts and await his response.
The question here is can the landlord legally do this or not regardless of wether it is reasonable or not and regardless of peoples opinions. Why does the LL want to do this ?perhaps the LL wants to avoid giving tenants the flexibility that periodic provides whatever that is I am not sure.
Colin
I always do another new tenancy agreement and don’t prefer periodic tenancy. As with periodic tenancy there are different rules and regulation etc
So as many landlords prefers to do new tenancy AST aggreement it’s better than periodic.
Prafula
Can I ask what you do if your tenants are unwilling to sign a new fixed term tenancy?
The only real difference is that the tenant can now serve notice and the landlord can use s21. The contract terms are otherwise the same. Some landlords believe that a fixed term gives them more security, but in 99% of cases this is a delusion as if the tenant loses their job or needs to move to a different area or to be with someone, landlords almost always release them. Who wants a disgruntled tenant looking after an asset worth £x00,000
Hi Andy
I clarify at the beginning of the tenancy contact at first when they start that at the end of tenancy of tenancy I will send reminder just before 10months so they have time to think if they want to renew for another year or not and also about the rent.
So they understand from begaining and if they say they want to do periodic I would refuse. But I would give an option that the tenancy contract is going to be for 1 year but if they decide to leave early they have to give at least 2 months notice and they have to pay the cost of finding the tenants and have to pay full rent until the tenant is found. I just do this if I know that the tenants have been good in their 1st year contract.
Please note I explain to them as well we all need security and need to live a life and plan work.
So far my tenants have been good.
I had one international student and I he was going to leave early than what agreed date and he agreed to pay the rent until the end of of contract. But luckily that year I found another tenant who wanted to move early so I refunded the paid rent to other student tenant. He was very please and he was one of my best tenant.
So far majority tenants have been good except a few bad one and I would say very bad and learnt my lesson and keep to my rules.
Sometimes I would prefer to say I would wait longer to find a good tenant nowadays.
You can watch and wait for the landlord to give you a section 21 notice of 2 months or you can say yes you will take another contract and start a negotiation on what you want to change in the new contract.
For example responsibility for lopping trees , you could change that, and their may be other things also in view of Covid you could ask for a 20 percent reduction during Covid.
When he sends the contract you make amendments you want and ask for the changes to be made for you to agree to sign and note that after 6 months you can move out anyway giving notice same as a rolling contract.
The reason he/she may wish to renew is a rent increase, but similarly you could ask for a rent decrease.
The landlord has to give you 2 months notice and evict with eviction notice whether you agree or not.
What did your current tenancy agreement say would happen at the end of it?
I’ve today been offered a new rental property which I have decided to accept. I would have stayed on in the current property if the LL hadn’t refused a periodic tenancy. I still don’t know why the LL was so against this, but the end result is that he has lost his tenant.
Thanks to everyone for your help.
Good you’re sorted but at the end of the day the landlord owns the property. Plus you’ve now signed a new AST so you could have stayed if you accepted the landlord’s conditions and principles. All the LL was saying that they prefer the security of AST,and you should be pleased they offer renewal as they see you as a valued tennant. PT offers the landlord no long term planning or financial management.
Hi Andy
It’s good you sorted with new rental where you signed AST instead of PT. Rental is a business and just like other jobs for LL but if you really wanted to stay you could have come up with some sort of agreement like I always offer to my tenants the break in clause if they decide to leave before end of tenancy with AST if tenants were not sure for fixed AST instead of PT.
Like you found another place to live with extra of hassles moving time, cost etc and your LL would some one to move in his property. You have to respect that at the end it’s LL’s property and can decide what sort of tenancy he would prefer to have.
There is no loss to LL as this is part of life of work. Tenants comes and goes and I would take as positive to meet new people.
All the best you and your LL.