Lease termination / extention

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    Lease termination / extention

    I signed a one year lease agreement with the housing association. They are responsible to find a tenant to my propriety and pay rent regardless if propriety is tenanted or not. The lease is about to expire.

    The lease agreement states that: This lease shell terminates on the first anniversary of the term subject to earlier determination or extension as herein provided.

    Do you know?

    a) What happened to lease after initial term expires if no action is taken by either lessor or lessee?

    b) What procedure lessor needs to follow if he wants his propriety back after initial term?


    c) What action is needed to extend the lease for another year?

    Thank you

    #2
    I think we need to know what the lease says about "earlier determination or extension as herein provided".

    Comment


      #3
      Originally posted by Sabko View Post
      I signed a one year lease agreement with the housing association. They are responsible to find a tenant to my property and pay rent regardless if property is tenanted or not.
      I assume you mean that the housing association is your tenant, and it is therefore contractually obliged to pay you rent, and the tenancy contract allows it to sublet the property?

      Comment


        #4
        Originally posted by Lawcruncher View Post
        I think we need to know what the lease says about "earlier determination or extension as herein provided".
        Lease agreement also states:
        Lessee shell be entitled to determine this lease:

        At any time during the term by giving lessor not less than 28 days’ notice.

        In the last calendar month of the term by giving lessor not less than 14 days’ notice in writing

        Agreement does not mention how lessor determines the lease.

        I suppose law say something about my rights to determine the lease and about the situation after expiry of the lease.

        Comment


          #5
          I received following letter from the Housing association:

          "We are happy to extend the lease on the same basis with the same rent agreed for another year .If you are happy then we can carry on without any action required".

          Is it possible that fixed one year period renew itself for the same duration if I do not serve notice? Even if the rent is paid monthly?

          That means if I am late to serve notice or I serve wrong notice I have to stay with them for another year. I hope it is not the case.

          Comment


            #6
            If, as I suggested in #3, the housing association is your tenant, then it will be a common law tenancy and will end at fixed term expiry. It will not 'renew itself' for another year automatically - however, you haven't said what the contract says about '...extension as herein provided'.

            If you continue to demand/accept rent after the tenancy ends, then you will [most likely] create an orally agreed monthly periodic tenancy (the periodic tenancy could be ended by you serving notice to quit).

            Comment

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