Hi all. We are coming to end of the fix term tenancy 12 month, payed 12 month rent in advance as failed references. LL wants another 1 year fix contract, increase rent and pay again upfront for 12 months. We proposed that we will sign another 12months contract, asked if he would consider a bit of discount on rent and ask to start paying monthly. We informed agency and texted LL. He keeps quiet, not responding, also agency passed our proposal to him…but no response. Also agency said we need to be re ref, which is fine. As is only few days now till our fix term contract expire, it looks like it will switch to statutory period one. Question is will we be now force to pay another upfront 12 month rent in full? What would be our notice period then, if we want out of this tenancy? What else to do to get it works for our preferred option. Many thanks for any advice.
To add , what would be the notice period in our case?
What does the tenancy document say about moving to periodic, if anything? What does it say about ending the tenancy?
In the absence of any agreement, suggest you start paying higher monthly rate on anniversary of the day the rent is due and take it from there. There would then need to be some response by the LL either s21 letter or s8 letter but it would clarify the issue for you if you don’t want to pay 12 months again.
Will try to post a link for you. [It’s gone into pending so it will appear in a day or so]
If you have not agreed a new contract then the old one is still in force until it expires. The tenancy then becomes statutory periodic as you say, (unless it makes it clear that it will become contractual periodic). Either way, the rent doesn’t change until its done formally with a s13 notice or until you start paying some higher sum, so in your shoes I would just carry on as you are until the landlord resumes communication.
Your notice period now is 2 months if he uses s21.
In the event of no agreement and your continued occupancy the AST would default to a periodic, contractual or statutory, on the same terms, agree new terms or leave but can you give sufficient notice?
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