Questions about my tenancy rights

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  • Questions about my tenancy rights

    Hi everyone.

    My current situation is as follows:

    On 16th JUne 2007, my boyfriend and I entered into a 12 month AST. We found the property through an estate agent who acted as agents only, and the landlord managed the property.

    A year later, at the end of the 12 months our landland approached us to say that the agents had suggested he increase the rent, but he was willing not to do so if we would write to the agents and tell them we'd moved out so he could stop paying the agency fees. We agreed and he gave us another identical 12 month AST (he photocopied it and wrote in the new dates!).

    As the end of those 12 months were approaching he contacted us to see if he could come round. We were on holiday at the time so said we would call him back when we got home. We did, but he never answered and we left him a message. Then we forgot all about it, and never renewed the contract. He lives abroad so we dont hear from him too much so its not unusual. The contract says "Term: For the term of 12 months with a 2 month reciprocal break clause after month 2 commencing on the 16th June 2008 and expiring on the 15th June 2009."

    My boyfriend and I have now split up, and he has moved out. I am more than happy to continue living here, and can easily cover the full rent. However, I've decided to buy a property and had an offer accepted so I'll be wanting to move out soon. Its early days in the purchase (the survey was only done today) but I'll have to contact my landlord shortly to give notice.

    My question is, what are my rights now the contract is out of date? Does it automatically roll on? Should I tell him about my boyfriend moving out as he is on the old contract? (note that my ex and I still have a very amicable relationship so I dont need anyone to go into the details of problems that can occur with bad breakups and the other still being on the lease etc - please assume that the relationship will remain amicable)

    I've had a good relationship with the LL over the years, on the very odd occasion that something has needed doing, he has sent someone round very quickly to fix it and in return the rent is always paid on time. He doesnt bother us and we dont bother him. I'll be happy to give him the 2 months that the old contract required, but I'd like to have the same from him. I'll probably need 2 months before I move to my new house, so I dont want him to be able to turn round and kick me out straight away as I dont have a contract. I dont also want to start a whole new contract now, as I'll be moving out soon so I'm nervous about rocking the boat about the non contract issue.

    I'd like the whole situation to be as amicable as possible with the landlord, so I'm hoping it will be as simple as calling him and saying that I'll just move out in 2 months as if the old contract was still in existence and he'll be happy with that. But I also want to arm myself with the facts in case it doesnt go as well as planned. My past experiences with even "nice" landlords is that when you want to move out, they stop playing nicely.

    Thanks in advance for any replies.

  • #2
    You do have acontract , as the fixed term has expired it is now a stutory periodic tenancy and as such your LL needs to give you 2 months notice and you need to give him one (oh er misses).This notice needs to be given before the 16th of the month with a view to leaving on the 15th either two or one month after depending upon which of you are giving the notice. Do it in writing.
    If you have agood relationship with him, have you considered giving him a ring and explaining your situation and intentions, stating that although you only have to give him one months notice you will keep him informed of progress and will give him as much notice as possible and will be co-operative with regards to viewings and potential tenants.


    • #3
      Once your agreement has ended, you just have to give one month's notice on rent day. Suggest you get your bf to sign letter as well, just in case landlord is concerned.


      • #4
        Yes I am going to call him and explain things, but I want to be armed with the facts before hand. I've been (to put it bluntly) screwed over by landlords in the past and although I get on great with this current landlord, I'm perfectly aware of the fact that he is more than a little bit tight.

        Although I'm hoping everything will go smoothly I want to make sure I do everything by the book in case things turn nasty.

        He's been very clear in the past that he'd prefer us not to move out in the summer as its difficult for him to get to the UK then. Although I'm hoping that the sale will go through before the summer so this might not be a problem.

        On a side note, on the issue of us telling the estate agents we'd moved out - when I was looking for a flat to buy, I forgot that we'd done that and registered with the same agents for buying with my current address. He called me back and said he already had my details on the system at that address and why was that. I dont think he looked into it too much, but if he did, am I liable for lying to them? Could I get my landlord in trouble?


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