Is it possible to renew contract for 3 months?

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • Moderator1
    replied
    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).

    Leave a comment:


  • Snorkerz
    replied
    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.

    Leave a comment:


  • spiritkary
    replied
    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.

    Leave a comment:


  • PaulF
    replied
    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".

    Leave a comment:


  • spiritkary
    replied
    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.

    Leave a comment:


  • jeffrey
    replied
    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.

    Leave a comment:


  • dominic
    replied
    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?

    Leave a comment:


  • jeffrey
    replied
    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.

    Leave a comment:


  • dominic
    replied
    Originally posted by jeffrey View Post
    I agree, but don't say "amend". Instead, L could grant a three-month renewal tenancy.
    Jeffrey correct me if I am wrong but if a new term of 3 months is granted (rather than amending the existing term), would that not mean the landlord could not serve a s.21 until 3 months after the end of the new term (i..e 6 months after the commencement of the new term)?

    If that is true, then from the LL's point of view, and if he is clued up, he would prefer an extension/amendment, rather then grant a new very short 3 month tenancy.

    Leave a comment:


  • sesam
    replied
    notice for fixed term

    I don't want to damage the relation with the LA, ignoring letters might resulted that way, besides I'm sure they would give a call and wouldn't wait 2 months. I prefer to call the agency and tell our situation but just wanted to be prepared beforehand regarding our rights and options.

    In terms of notice, no one yet commented, do we as tenants has 2 months or 1 month notice on fixed term contract? Because if it's 1 month, I was thinking to say we have 1 month more to think and decide but not sure if that's the case.

    and any possibility or grounds for the agency not to accept SPT (rolling)

    thanks a lot

    Leave a comment:


  • jeffrey
    replied
    Originally posted by dominic View Post
    It is possible to amend the existing fixed term so that it is extended by 3 months, yes.
    I agree, but don't say "amend". Instead, L could grant a three-month renewal tenancy.

    Originally posted by thevaliant View Post
    As Snorkerz has said, you may be better IGNORING the agencies letter and not committing to anything. Just allow the present fixed term to expire and move onto a rolling contract.
    I again agree, but don't say "rolling contract". What this means, I think, is a statutory periodic tenancy as a continuation of the fixed term.

    Leave a comment:


  • thevaliant
    replied
    As Snorkerz has said, you may be better IGNORING the agencies letter and not committing to anything. Just allow the present fixed term to expire and move onto a rolling contract.

    Leave a comment:


  • fsl
    replied
    If the property is an investment property then the LL should have no problem with you staying on a periodic tenancy for another 2/3 months because ultimately it is still money in his/her pocket. It is only the LA that might have a problem but as they are acting on the LL's behalf then they shouldnt have an issue either.

    Leave a comment:


  • Snorkerz
    replied
    Originally posted by sesam View Post
    thank you all, you are all star!

    I'm really thinking now to continue with rolling tenancy. I have 2 more questions before contacting the agency;

    On the letter they sent they give 2 options, saying tick one and send back to us;

    I wish to renew my contract 6 months.
    I don't wish to renew my contract.

    Looks like they prefer fixed term, and I will tell them that I want rolling contract, is there any possibility or grounds for them not to accept rolling contract? If that happens what would be my ground to defend.
    I would ignore the letter, as if no contract is signed then you will automatically go on to a rolling contract. The agency can NOT force you to sign a new contract, but they CAN give you the 2 months notice.
    2.) And my fixed term contract will finish in 2 months, 4 days time, do I need to decide now, or I have more time to think? For rolling tenancy notice for tenant is 1 month, what about for fixed term is it 2 or 1 month?
    Briefly can I tell the agency I have more time to decide, or I don't?
    There is no hurry. If you want to leave on the last day of the current tenancy agreement, you need to give no notice (although it would be polite to do so). If you don't want to leave, then you stay. You can not be made to leave involuntarily without a court order.

    Leave a comment:


  • sesam
    replied
    Originally posted by westminster View Post
    The only fees you are liable for are ones which might be mentioned in your contract; when agencies provide the contract, they often include provisions for paying them various fees!

    However, if you continue the tenancy as a periodic/rolling tenancy, with no renewal contract signed, then you cannot be liable to pay a fee for a renewal contract.
    thank you westminster,
    on the contract there is nothing about renewal charge, then fingers crossed!
    I guess that's why they are encouraging fixed term contract! in order to charge!

    Leave a comment:

Latest Activity

Collapse

  • Reply to Renting rooms
    by AndrewDod
    No reason the above should be the case in any sort of sane world - but courtesy of our ignorant and evil masters it is the case....
    28-01-2022, 15:43 PM
  • Renting rooms
    by Luke
    I have a three bedroom property in the U.K which I will rent out .
    I have had an enquiry from a couple and a friend
    I do not intend to live at the property
    Would it be possible just to rent two rooms to them , on the understanding they have full access to the property ?
    As its...
    28-01-2022, 06:09 AM
  • Reply to Inherited a few rentals
    by Hooper
    Obviously it depends on your properties but if they and your tenants are not particularly high maintenance there is no reason that you should have to reduce your employment hours to fit in managing 4 properties. I manage 9/10. I often allow it to take up more time than it needs to - it's true that if...
    28-01-2022, 14:44 PM
  • Inherited a few rentals
    by Landlord7289
    Hoping for some advice on this situation from people who may have been through similar...

    I am inheriting 4 rental properties from my late father. Are there any tips or ideas people would share about this situation?

    My situation is I am early 30s in full time employment, live...
    25-01-2022, 15:02 PM
  • Reply to Deducting Cleaning Costs from Deposit
    by jpkeates
    The government's model agreement doesn't contain such a provision.

    "...the Tenant must return the Property and any items listed on the inventory to the Landlord in the same condition and state of cleanliness as they were at the start of the Tenancy."

    I suspect that...
    28-01-2022, 14:43 PM
  • Deducting Cleaning Costs from Deposit
    by Piffy
    I use a Letting Agent. Recently the tenants vacated, prior to the tenants leaving when the letting agent did an inspection they advised the tenants that the property would need cleaning before they vacated. The tenants have now left, the place does need a good clean, the Letting Agents have said that...
    27-01-2022, 11:30 AM
  • Reply to Inherited a few rentals
    by AndrewDod
    I think by "vacant possession" here they are not that concerned about the individual army-men but that the MoD itself has a 200 year lease. If MoD were to release those bottom-feeders who sucked out the money taxpayers have contributed then the bottom feeders would be x billion richer...
    28-01-2022, 13:10 PM
  • Reply to Deducting Cleaning Costs from Deposit
    by DoricPixie
    The tenancy terms in the tenancy agreement? Not every AST is the same so is that not a bit of a sweeping statement to say that it is always a requirement? Which clause in the model AST provide by the government makes it a requirement for a tenant to leave the property in a reasonable state of cleanliness...
    28-01-2022, 12:50 PM
  • Reply to Inherited a few rentals
    by boletus
    Different circumstances (licence to occupy?) but regarding vacant possession prices from yesterdays Guardian;

    https://www.theguardian.com/politics...nistry-defence...
    28-01-2022, 12:39 PM
  • Reply to Inherited a few rentals
    by AndrewDod
    I highly doubt that would pass muster with HMRC (if audited) unless it is some sort of long term tenancy from which one cannot escape.

    A small diuscount can be applied (and is sanctioned by HMRC) where there are genuine difficulties (for example in the case of jointly owned property where...
    28-01-2022, 12:02 PM
Working...
X