AST- term's expired and we're still waiting for renewal

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  • AST- term's expired and we're still waiting for renewal

    My husband and I have been in our current property for 3 years having signed a number of fixed term Assured Shorthold Tenancy agreements.

    Our last agreement (Assured Shorthold Tenancy England) expired in November 2008. The LL agreed to another fixed 12 month contract with a 6 month break clause, one months notice and to keep the rent as it is, this was all documented in email.

    We are still waiting to receive the contract and we are wondering where we stand legally. Is the email agreement legally binding or are we now in a month by month contract because neither we or the LL have signed the new contract?

  • #2
    Hi

    It is possible for there to be a binding agreement for a lease - indeed it is very common in commercial property transactions - but you will need to give a bit more information about the negotiations between you and your landlord before anyone can give you some sensible advice. For example, what was said in the email that you refer to? Do you have any documentary evidence of the agreement, including anything signed by either or both parties?

    Preston

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    • #3
      Originally posted by Vic70 View Post
      My husband and I have been in our current property for 3 years having signed a number of fixed term Assured Shorthold Tenancy agreements.

      Our last agreement (Assured Shorthold Tenancy England) expired in November 2008. The LL agreed to another fixed 12 month contract with a 6 month break clause, one months notice and to keep the rent as it is, this was all documented in email.

      We are still waiting to receive the contract and we are wondering where we stand legally. Is the email agreement legally binding or are we now in a month by month contract because neither we or the LL have signed the new contract?
      Subject to your reply to Preston's comments, your fixed-term tenancy's expiry is impliedly followed by a statutory periodic tenancy: s.5 of Housing Act 1988. If rent was monthly during the fixed term, the SPT is monthly too. So you do have a Tenancy Agreement; L could terminate this by Notice under s.21(4)(a), running at least two months from service AND then up to the end of the tenancy rent month.
      JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
      1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
      2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
      3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
      4. *- Contact info: click on my name (blue-highlight link).

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      • #4
        Hi,
        Thanks for getting back to me. To answer your question:

        In October we received a letter from the letting agents asking us if we wanted to renew the tenancy.
        We replied by email requesting a 12-month fixed term tenancy with a six-month break clause and for the rent to remain the same.
        The letting agent replied, by email, saying that the LL had agreed to the terms we had asked for and that they would send the new tenancy agreement out for both parties to sign.

        This was back in October, we haven’t signed, or seen, the new fixed term agreement. The only documentation we have is the email we sent requesting the terms we would like if we were to renew our tenancy and the letting agents response saying the LL had agreed to them.

        We are not sure if legally we are bound by the fixed term tenancy we requested or the statutory periodic tenancy because we haven’t signed any new documentation

        Confused…

        Comment


        • #5
          It is my belief that you are only bound by the Although you have accepted proposed terms in a new AST, this has not been signed by you thus does not exist. You may therefore give your landlord one months notice if you want to leave, your landlord must give you at least two months notice ending on a rent day if he wants you to vacate the property.

          P.P.
          Any information given in this post is based on my personal experience as a landlord, what I have learned from this and other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person.

          Comment


          • #6
            Originally posted by P.Pilcher View Post
            Although you have accepted proposed terms in a new AST, this has not been signed by you thus does not exist. P.P.
            Can it not be argued it exists as an oral tenancy?... although it was offered by email - doesn't that carry even more weight than an oral one?
            'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

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