Is it possible to renew contract for 3 months?

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    #16
    Wrong. A new letting like that is a 'replacement tenancy' [see s.21(5)(b)/21(6)/21(7)] so the six-month rule would not apply.
    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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      #17
      So the "6 month rule" if I can call it that relates to the cumulative tenancy term, regardless of how that term is spliced up contractually?

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        #18
        Originally posted by dominic View Post
        So the "6 month rule" if I can call it that relates to the cumulative tenancy term, regardless of how that term is spliced up contractually?
        Yes, that's the effect of the 'replacement tenancy' provisions- as long as L/T/premises are unchanged.
        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


          #19
          Also bear in mind that if you do as Jeffrey suggests, you may not get a reference at all from the landlord if you are expecting one.

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            #20
            I don't think this is likely as they are following lawful procedure and in fact the landlord might find himself in an inferior position should he grant an AST for 3 months fixed term. The landlord is not allowed to make a false statement; alright he can refuse to provide a reference but if asked if the tenant followed correct procedure he would have to reply "yes".
            The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

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              #21
              Sitting tight, signing nothing and awaiting a two month notice (which will probably involve the landlord in paying additional fees for the two month notice, assuming that it hasn't already been served) will likely upset the landlord and will come across as an aggressive stance by the T.

              The landlord may not agree that the T has followed correct procedure if the LL has been forced to incur additional costs in serving a two month notice because the T refused to move out at the end of the fixed term.

              IMO, the best thing for the T to do is to contact the agency and explain the situation to them so they can see the predicament the T is in and why he can't commit to a six month tenancy. The agency will probably let him stay on a month to month basis until he has certainty with his job. Only if the agency refuses to understand and be willing to work with the T, should the T consider such action.

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                #22
                Originally posted by spiritkary View Post
                Sitting tight, signing nothing and awaiting a two month notice (which will probably involve the landlord in paying additional fees for the two month notice, assuming that it hasn't already been served) will likely upset the landlord and will come across as an aggressive stance by the T.

                The landlord may not agree that the T has followed correct procedure if the LL has been forced to incur additional costs in serving a two month notice because the T refused to move out at the end of the fixed term.

                IMO, the best thing for the T to do is to contact the agency and explain the situation to them so they can see the predicament the T is in and why he can't commit to a six month tenancy. The agency will probably let him stay on a month to month basis until he has certainty with his job. Only if the agency refuses to understand and be willing to work with the T, should the T consider such action.
                The beauty of a site like this is that posters can find out what their actual rights are, and then decide how they want to deal with the situation they face.

                In this instance, tenant has a law-given right to 2 months notice, the landlord needs to respect that.

                Comment


                  #23
                  Two threads by the same member have been merged here. Please do not start a new thread if you merely wish to continue a previous discussion or report on subsequent developments. It can cause unnecessary confusion (quite apart from losing the connection with facts previously established or legal points previously explained).

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