Do tenants have the 'right' to a periodic tenancy?

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    #16
    A landlord doesn't have to own the property they're letting, but they do need the owner's permission.
    The landlord and owner's relationship matters more for tax purposes (for the landlord and owner) than it matters to the tenant.

    Your landlord is whoever it says is your landlord on the tenancy agreement, until you are formally notified otherwise.
    While you are a tenant, if you write to the agent asking for the landlord's name and address, they are obliged to give it you you, otherwise they are committing a criminal offence - however, it is difficult to get your council to do anything about it (and they're the people who need to prosecute).
    And it will annoy the agent further.

    One think that's worth bearing in mind is that if the agent does serve notice, and you decline to leave (which is your prerogative), the agent won't be able to conceal it from the landlord, as the agent can't go to court to ask for repossession, it needs to be either the landlord or a solicitor (or barrister).

    If they're offering a break clause, ask for one that gives a simple two month's notice from you or the landlord at any time.
    If they say yes, they're really only after the fee, but at least you're not being obstructive.
    When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
    Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

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      #17
      Thank you again - I have determined who is the landlord, and spoken to his relative who works very near the property. He said he would ask the LL to contact us. However, the LL has not contacted us, and the LA have emailed again to say that the landlord is happy with their proposal, and that he's happy to offer a six-month break clause. The actual details of the clause are not specified, but I'm taking that to mean that we could break the contract but only at the six-month point.

      I'm not at all happy to sign a new contract. We really need a periodic tenancy in order to find somewhere decent to go next. I'm worried about what's going to happen. If we stay after an S21 is issued, could we be sued by the LL or LA? If it goes to court, could we be sued or get a bad name as tenants? Would we be obliged to let them show prospective tenants around for the two-month period of the S21?

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        #18
        There is certainly no compulsion to sign another agreement. That the law creates the periodic tenancy suggests that it is what the government intended, doesn't it?

        Did you read my thread on this subject? Did you even receive a s21 yet? I bet you don't.

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          #19
          Thank you so much - that comment is really reassuring. I have been a tad anxious about it but of course periodic tenancies do make sense for everybody - I really don't think the LL would have any trouble letting this flat out again if we do need to leave. I did indeed read the thread and I was rather shocked at the duplicitousness of the LA in that scenario to say the least. We have not received an S21 - I imagine that the LA will increase the pressure, but fingers crossed!! Thanks again!

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            #20
            We did receive an S21 notice - the LA said the LL has a blanket policy of fixed-term tenancies across his portfolio of properties. The S21 expires one month after the fixed-term tenancy ends. Would we still have the right to end the tenancy on the last day of the fixed-term without giving a month's notice?

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              #21
              Yes .
              I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

              I do not answer questions through private messages which should be posted publicly on the forum.

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                #22
                Yes, as that is your current tenancy period. It would be gracious of you to let them know...

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                  #23
                  If you do leave by end of fixed term without giving notice (er.. see this slightly interesting Shelter guidance...)
                  https://england.shelter.org.uk/housi...d_term_tenancy
                  Leaving on the last day of the fixed term

                  Check your tenancy agreement to see what it says about giving your landlord notice before you leave.

                  You must give notice if your agreement says:
                  • you must tell your landlord if you plan to leave on the last day
                  • when the fixed term expires the tenancy will continue as a periodic tenancy


                  It should also say how much notice you must give.

                  You don't need to give your landlord notice that you will leave on the last day of your fixed-term agreement unless your contract says you have to.
                  - I'd be inclined to explain to LA that you have a blanket policy of fixed term tenancies so they'll understand: Aye, right...
                  I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

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