Tenant's rights if landlord refuses move to periodic tenancy

Tenant Discussion
1

Hello, I am hoping somebody could confirm whether I have understood the below correctly?

My 12 month AST is due to end on 20th March. In an ideal world I would like to stay a bit (1 to 2 months) longer as I am in the process of purchasing my own property. I have been a good tenant, always paid rent in full and on time, treated the property as if it were my own etc. My landlord is very reluctant to let me move onto a periodic tenancy and keeps insisting I sign a new 6 month AST. I am not willing to do that as I hope to move into my own property before too long. Unfortunately relations between us have soured in the last few days because of this.

I believe any periodic tenancy would be a contractual periodic tenancy as my AST states the following:

“If an Assured Shorthold Tenancy Agreement for a new fixed term is not agreed in writing, it is agreed that this tenancy shall continue as a monthly periodic tenancy and the same terms and conditions of this agreement will apply”

Assuming that is the case, I would be grateful if you could please confirm whether my below understanding is correct:

  • I have the right to move onto a periodic tenancy after 20th March whether the landlord likes it or not, as long as I inform him by 20th Feb that I will not be moving out upon the expiry of the 12m AST
  • The landlord can increase my rent for the periodic tenancy period as long as he gives me 1 month’s notice (i.e. by 20th Feb) - section 13
  • The landlord can serve me 2 months notice at anytime after 20th March - section 21 [or could he serve me 2 months notice beforehand ie within the 12m AST period?]
  • I can give 1 month notice at anytime after 20th March

If this is correct, then this would work fine for me as I should have exchanged and completed well before 20th May (i.e. the 2 months notice period). However, I am worried the landlord might demand a highly inflated rent for the periodic tenancy (he has already threatened to do so, I don’t see us coming to an agreement on this beforehand). What are my rights in that situation?

Thank you in advance for any help and guidance. Am finding this situation slightly stressful!

2

The landlord can give 2 months notice within the fixed term so could end it by 20th april.

Your 1 month notice should end at end of rent period so it isn’t exactly 1 month, ie if you gave notice on 10th april the tenancy would run until 20th May. A landlord can accept a basic 1 month but that is their discretion.

A landlord can increase your rent but if it is far above market rates you can appeal to tribunal.

1 Like
3

Thank you very much, all clear

4

Your landlord cant prevent a periodic tenancy of either kind from arising, but they can serve notice. You should tell your landlord you only need the property until about May. If he is stubborn then what I would do is tell him I plan to leave by the end of the initial fixed term but then let it just run over until you have exchanged contracts and then give notice. Hopefully he wont then serve notice until it becomes periodic. Even if he does, his notice doesnt end the tenancy and he would have to get a court order to remove you and that will likely take many more months. I wouldnt normally recommend this, but since you dont need a reference when you leave, you should be fine.

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5

If he tries to inflate rent you can appeal through the tribunal which will likely take longer than your planned move out day. He’s all puffery, I wouldn’t worry too much.

You may want to talk to citizens advice or Shelter about what qualifies as harassment in case his behavior escalates.