When fixed-term AST expires, should I ask for another?

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    When fixed-term AST expires, should I ask for another?

    Hi

    My 6 month AST expires on the 22nd April, we've always paid our rent on time and looked after his investment, even spending money increasing the value of it by decorating it layiing new carpets with his permission.

    he said at the end of my 6 month AST he normally just keeps them on a Periodic monthly roll over. i would prefer a 12 month AST once this one runs out am i ok to insist on a 12 month AST contract ? he told us he purchased the property to buy to let. a S21 was served at the begging of the AST.

    thanks for your advice.

    #2
    Originally posted by Andrew38 View Post
    Hi

    My 6 month AST expires on the 22nd April, we've always paid our rent on time and looked after his investment, even spending money increasing the value of it by decorating it layiing new carpets with his permission.

    he said at the end of my 6 month AST he normally just keeps them on a Periodic monthly roll over. i would prefer a 12 month AST once this one runs out am i ok to insist on a 12 month AST contract ? he told us he purchased the property to buy to let. a S21 was served at the begging of the AST.

    thanks for your advice.
    No, you cannot insist on another AST, but if you have been good tenants he would be mad to lose you in the present climate...ask him whether it is possible.

    Also ask him whether he intends to act upon the s21 served at the start of the tenancy. (it would be nice to know what his intentions are, wouldn't it?)
    '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

    Comment


      #3
      hes already said hes happy for us to stay on after our 6 month AST expires, when i asked him about a new 12 month AST he said it would be easier if he just let it rolled over otherwise he would have to draw up a new AST contract.

      i would of thought as we've been very good tenants why not guarantee himself another 12 months rent ?

      Comment


        #4
        Originally posted by Andrew38 View Post
        hes already said hes happy for us to stay on after our 6 month AST expires, when i asked him about a new 12 month AST he said it would be easier if he just let it rolled over otherwise he would have to draw up a new AST contract.

        i would of thought as we've been very good tenants why not guarantee himself another 12 months rent ?
        Sounds like he's hedging his bets...wants to retain the flexibility of giving you 2 months' notice.

        Call his bluff - say you will have to consider moving out after the six months if you can find yourself another 12 month AST somewhere else. Remember, you do not need to give notice to do this - you can just walk away on the last day of the fixed term.

        He sounds dodgy to me - I don't believe the stuff about the aggros of anew TA - I think he has plans...Most LLs would bite your hand off (unless you are the Tenants form Hell?!)

        How do you feel about looking elsewhere?
        '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

        Comment


          #5
          Yeah that's what we're thinking maybe he just wanted a tenant to decorate his property and maybe he plans on selling it shortly, well i've just looked on Righmove and theres a couple of nice propertys for rent same size and location £50 a month cheaper.

          Comment


            #6
            Originally posted by mind the gap View Post
            Sounds like he's hedging his bets...wants to retain the flexibility of giving you 2 months' notice.
            Why would L give another 2 months' notice? The origional S21 is still valid from what I remember of last time this ("Sword of Damocles") was discussed. I thought the landlord just saying "hes happy for us to stay on after our 6 month AST expires" isn't enough to void the existing S21. So staying on a periodic tenancy is not a good idea in this case as the S21 is already served and T is not entitled to more notice as the S21 was it.

            This thread last discussed it IIRC:

            http://www.landlordzone.co.uk/forums...0&postcount=17
            http://www.landlordzone.co.uk/forums...1&postcount=23
            ~~~~~

            Comment


              #7
              Originally posted by Andrew38 View Post
              when i asked him about a new 12 month AST he said it would be easier if he just let it rolled over otherwise he would have to draw up a new AST contract.
              Does he self-manage and prepare his own agreements, or does he have an agent do it?

              If he does his own agreements, then it's 10 minutes' work with Word to knock out an updated version, so 'easier to let it roll over' doesn't wash: however if there's a very substantial agency fee to pay then his argument might make more sense.

              i would of thought as we've been very good tenants why not guarantee himself another 12 months rent ?
              So would I. Or at least come back with a counter-offer of another 6 months fixed term?

              Comment


                #8
                Originally posted by Ericthelobster View Post
                Does he self-manage and prepare his own agreements, or does he have an agent do it?
                he let this property out through an estate agent but said he would have to create a new AST himself if we wanted a 12 month AST after this one expires.

                Comment


                  #9
                  I never re-issue AST's unless a good tenant specifically asks me to and none have yet. I am quite prepared for a reasonable request from a tenant that they want more than two months security of tenure. However I just let the statutory periodic tenancy kick in to give them at least two months security which all my tenants seem to be happy with. However, I never issue S21 notices as a matter of course. If your landlord has done this then you have absolutely no security of tenure at all and you are totally justified in requesting another AST and if you don't get one, as has been said above, you will have to move on.

                  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


                    #10
                    Originally posted by Andrew38 View Post
                    he let this property out through an estate agent but said he would have to create a new AST himself if we wanted a 12 month AST after this one expires.
                    OK, then it sounds like he's not geared up to producing his own agreements so there's a bit of inertia to overcome in order for him to do so - I expect that's all this is about.

                    I'll bet most likely he also doesn't appreciate that he could still action the exisiting S21 and initiate possession proceedings at any time without warning (did you until now?!)

                    You could say that regretfully you're going to have to seek more secure accomodation; and to be helpful, could point him at readily available downloadable AST agreements (eg the one I use is reputable, at http://www.rla.org.uk/landlord/docum.../doc_AST.shtml, £5 to non-members). I'm sure he'll play ball if he has any nows at all.

                    Comment


                      #11
                      Whether he knows he can do this or not, you are in a situation that you could be eating your breakfast one day, having just paid your rent (again) on time and you open your mail. In it is a letter from the local county court advising you that your landlord is starting eviction proceedings under section 21 because you have received the required two months notice and you have failed to vacate the property within that period. You now have a bill for court costs (minimum £150) and will have to move out within a week or three or, eventually, a bailiff will be called to evict you. Yes - you DO need that new AST pdq!

                      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


                        #12
                        I now have a new 12 month AST, will the old s21 expire once the new AST starts ?

                        Comment


                          #13
                          Originally posted by Andrew38 View Post
                          I now have a new 12 month AST, will the old s21 expire once the new AST starts ?
                          Hi, yes, the landlord will need to issue a new section 21 when and if this is required.

                          Preston

                          Comment


                            #14
                            Originally posted by Andrew38 View Post
                            I now have a new 12 month AST, will the old s21 expire once the new AST starts ?
                            Not really 'expire' but, rather 'cease to have any effect'; each such Notice is specific to a then-subsisting AST.
                            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).

                            Comment


                              #15
                              I finally found out why the Landlord was reluctant to give me a 12 month AST,
                              some of the neighbours didn't like the idea of tenants living in the same street as they're a bit snobby..

                              the snobby neighbours houses cost them over 250k to buy, hence why they didn't want anyone renting any properties in their street, luckily one of the nice neighbours who works with a member of my family informed me about the snobs and that they had made a false complaint to the landlord about us being noisy, we're far from it.

                              Now my landlord is satisfied we're good tenants hes happy to let this property as long as we want to live here.

                              Comment

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