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

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  • theartfullodger
    replied
    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...

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  • Stef Cooke
    replied
    Yes, as that is your current tenancy period. It would be gracious of you to let them know...

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  • KTC
    replied
    Yes .

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  • Moomin
    replied
    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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  • Moomin
    replied
    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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  • JK0
    replied
    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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  • Moomin
    replied
    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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  • jpkeates
    replied
    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.

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  • JK0
    replied
    It happens all the time. See here: https://forums.landlordzone.co.uk/fo...d-out-tenants=

    You could always get the landlord's address from Land Registry. It sounds like you definitely need it.

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  • Moomin
    replied
    Thanks again for the answers you have all given. I informed my letting agent in writing that I did not wish to sign another 12-month fixed term contract and that I wished for the tenancy to become periodic. I said I was happy with the increase in rent from the date on which the contract becomes periodic. I then said that the landlord should contact me if he was not satisfied with this arrangement.

    My LA responded that the LL does not want a periodic tenancy, only a fixed one, and that I could not discuss the issue with the LL directly because the LA manage the property and also the tenancy. They said that a break cause may be negotiated if I want more flexibility; they didn't say what the break clause would be.

    I am unsure of how to proceed. I'm not 100% sure who my LL is. I was given the name of an LL when we signed the contract, but no address - the address given was 'care of' the LA's address. I know that the ownership of the flat has changed hands within the same family, but am I right in thinking that the owner of a property is not *necessarily* the landlord? We were not formally told of the sale of the flat but it was viewed for mortgage purposes a short while into the tenancy, and one of the contractors who came to fix the problems with the flat said that it had changed hands.

    Again, any input is appreciated. I am worried we're about to be issued with an eviction notice and may get a bad name as tenants. This LA has almost a monopoly in the area. In our previous property with the same LA (different branch), we received the same letter, but as it was managed by the LL, we were able to contact him and express our preference for a periodic tenancy.

    Part of me suspects the LA just want their renewal fee!

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  • jpkeates
    replied
    Originally posted by KTC View Post
    Pedantic correction: 6 months after the notice is given, unless the notice period is required to be longer than 2 months, in which case 4 months after the notice period expired.
    Not at all pedantic - my post was wrong (and I should have checked).
    Thanks for the save.

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  • KTC
    replied
    Originally posted by Moomin View Post
    I am not 100% sure who my LL is, as I believe the ownership of the flat changed hands shortly after our tenancy began; the LA manage the property.
    Your LL is (probably) who your tenancy agreement says it is, unless formal notice has been served onto you to say that it has changed. It's an offence for the old & new landlord not to serve you that notice.

    You can also ask your agent. Formal request under section 1 of the Landlord & Tenant Act 1985.

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  • KTC
    replied
    Originally posted by Landlord1206 View Post
    This is interesting. I thought a drawback of allowing an AST to move on to a Periodic Tenancy after end of initial term was that the rental amount must stay the same. How would a LL increase rent? I ask what paperwork LL would use in this situation? Is it simply an Addendum to the original AST?
    They can just ask you to pay more and if you agree, start paying it. Alternatively, they can serve a formal section 13 notice.

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  • KTC
    replied
    Originally posted by jpkeates View Post
    S21 notices now become invalid ....
    Pedantic correction: 6 months after the notice is given, unless the notice period is required to be longer than 2 months, in which case 4 months after the notice period expired.

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  • Landlord1206
    replied
    This is interesting. I thought a drawback of allowing an AST to move on to a Periodic Tenancy after end of initial term was that the rental amount must stay the same. How would a LL increase rent? I ask what paperwork LL would use in this situation? Is it simply an Addendum to the original AST?

    Leave a comment:

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