AST renewal - negotiating changed terms (inc. rent)

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  • jeffrey
    replied
    Originally posted by jeffrey View Post
    A Notice served DURING fixed term is a s.21(1)(a) and:
    a. if served > two months before term expiry, ends on expiry of term; or
    b. if served during final two months, ends after exactly two months from service, irrespective of rent day.

    A Notice served AFTER fixed term is a s.21(4)(a) and ends:
    a. after two months from service; PLUS
    b. up to & inc. the last day of the then-current rent month.
    Error correction: the bold wording should say s.21(1)(b)- sorry!

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  • evalf
    replied
    Thank you very much Jeffrey for this detailed answer!

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  • jeffrey
    replied
    Originally posted by evalf View Post
    The end of my contract is on the 26th of january. If the landlord serves me the two months notice, for example on the 10th of december, am I to vacate the flat on the 10th of February, or do things work on a monthly basis, i.e. I would have to vacate on the 26th?
    A Notice served DURING fixed term is a s.21(1)(a) and:
    a. if served > two months before term expiry, ends on expiry of term; or
    b. if served during final two months, ends after exactly two months from service, irrespective of rent day.

    A Notice served AFTER fixed term is a s.21(4)(a) and ends:
    a. after two months from service; PLUS
    b. up to & inc. the last day of the then-current rent month.

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  • jeffrey
    replied
    Clarification re Notices:
    S.13- increase rent.
    S.21- terminate tenancy.

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  • evalf
    replied
    Thanks Jeffrey for your reply!

    It's true I hadn't considered that option. My understanding was that at the end of the contract, we had to vacate the premissed unless a new contract was signed. If I understand correctly, if I do nothing at all, then the contract continues on "largely the same basis": is there some change I should be aware of? Do I really have nothing to do at all for that option to come into action, other than hope the LL does not give me notice to end the contract? If he serves a s.21(4)(a) Notice to increase the rent, is there some kind of official limit of how much the rent can be increased? Is there some sort of notice period for that increase to be effective?

    Since the landlord seems to be taking steps to renew the contract, I think that he'll be serving me the two months notice though. One point that is not particularly clear to me though is: the end of my contract is on the 26th of january. If the landlord serves me the two months notice, for example on the 10th of december, am I to vacate the flat on the 10th of February, or do things work on a monthly basis, i.e. I would have to vacate on the 26th?

    Thanks again for your help!

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  • jeffrey
    replied
    Another option is masterly inactivity. It's an AST, so you could simply stay on a statutory continuation [s.5 of 1988 Act]; this is a monthly tenancy, as fixed-term rent was monthly, on largely the same basis. L can increae rent, true, but only by Notice under s.13. It continues until either party ends it [you by giving Notice; L by serving s.21(4)(a) Notice].

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  • evalf
    started a topic AST renewal - negotiating changed terms (inc. rent)

    AST renewal - negotiating changed terms (inc. rent)

    Hi,

    I've been renting my flat for almost a year (my contract ends at the end of January), and my landlord just discussed with me whether or not I wanted to stay in the place. I'm not sure about the legal type of contract that I have (I'll check it at home tonight), but it was for a fixed term of 1 year, with an initial period of 6 months during which the contract could not be broken, then I had to give 1 month notice, and the landlord 2 months. The rent was 1250£pcm. Yesterday I get a phonecall from the letting agency, who tells me the landlord is happy to draw a new 1 year contract, with an increase of 100£pcm, with another 6 months no break clause, and then 1 month notice on my side and 2 months on the landlord side. Obviously I'm not happy with an 8% increase on my rent, nor by the idea of being tied in for another 6 months. I've discussed with the agency, who said they may be able to negociate getting rid of the 6 month clause, and get the increase back to 75£ (6%). It seems to me that my options are as follow:
    - if the landlord does not accept removing the 6 month clause, I'll have to move at the end of January. I don't like the idea, but I can't afford being tied for another 6 month for personal reasons.
    - if he accepts getting rid of the 6 month clause, then definitely I'll be looking for a new place in the next months, much quicker if he keeps the increase at 100£ than if he scales it back to 75£.

    Am I overlooking some other options I'd have here? I'm not very aware of all the legislative details of renting a place, but from the other threads i've read on this forum I'm under the impression that I may be able to somehow force keeping the current agreement, and maybe limit the rent increase to an official figure, such as the inflation. Also, does an 8% increase on the rent in the current economic situation seem "normal" to you? What about 6%? Personally I find that more than 2% is unacceptable, given that we pay all the charges, and that the property market is going down, but I fear that I may not have a very informed/realistic view of the situation here.

    Thanks in advance for helping me assess the options that I have available, and better negociate with my landlord and the letting agency.

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