Tenancy ends in a week and not heard anything from landlord/estate agent?

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    Tenancy ends in a week and not heard anything from landlord/estate agent?

    Hi all,

    I am about to come to the end of my 12 month tenancy and 2 months ago the estate agent enquired if I wished to sign another one. The landlord said they would like a small increase in the rent and I counter offered suggesting that the rent remain the same. Since then I have heard nothing. I have contacted the estate agent and they said that they have chased the landlord up but have heard nothing.

    What happens on the day my tenancy expires, do I have to move out? also, what happens if the landlord comes back in the last few days and says he insists on a rent increase?

    Thanks in advance,
    P

    #2
    You can move out on the last day if you want and the tenancy will end. Otherwise it becomes a periodic tenancy automatically. You would then have to give notice if you wanted to leave. The landlord could serve notice of a rent increase, minimum 1 month i think, or ask you to sign a new agreement. You can then choose if you wish to remain or not. Any rent increase has to be fair and you could appeal if it wasn't.

    Comment


      #3
      I would take the lack of response from your landlord as a sign of acceptance for the time being. A small increase may not be unreasonable - compare you let with others in the area.

      Jackboy - who is he to appeal to? A LL can increase a rent as long as it is as set out within the tenancy agreement.

      If the LL wants you to leave he would have to issue you with a Section 21 notice - he cannot just insist that you leave. Read up about S21 on this site but basically it gives you 2 months notice.



      Freedom at the point of zero............

      Comment


        #4
        AFAIK you can appeal to the Rent Assessment Committee...

        Obviously if your landlord is unhappy, he can go down the section 21 route, so its preferable to agree something that works for you both.

        An increase, unless you both agree, will have to be notified at least 2 months in advance. Obviously, if you are happy with what he proposes , you can always pay it from the first month.

        Increases tend to follow RPI and very rarely a 3% either way, is a good reason to end a tenancy from either side
        All views posted reflect my personal opinion only and do not constitute professional advice which I am not qualified or knowledgeable enough to provide.

        Comment


          #5
          Originally posted by Pualop View Post
          I am about to come to the end of my 12 month tenancy and 2 months ago the estate agent enquired if I wished to sign another one. The landlord said they would like a small increase in the rent and I counter offered suggesting that the rent remain the same. ...
          What happens on the day my tenancy expires, do I have to move out? also, what happens if the landlord comes back in the last few days and says he insists on a rent increase?
          Assuming you have an assured shorthold tenancy in England/Wales, then you don't have to move out at fixed term expiry.

          If you/LL don't agree a replacement fixed term contract (and you're not obliged to), then, if you are still in residence at fixed term expiry, a statutory periodic tenancy (a.k.a. rolling contract) will automatically arise under section 5 Housing Act 1988, replacing the expired fixed term tenancy. The terms of the expired contract carry through into the SPT, except for provisions relating to giving notice to end the tenancy; (and the length of the tenancy periods is the same as the length of the rental periods, i.e. if you pay rent monthly, then the tenancy periods will be a month long, in which case, you'd have to give at least a month's notice to end the tenancy, also expiring at the end of a tenancy period).

          If you vacate by fixed term expiry, then no SPT will subsequently arise and so your tenancy will end. You are not obliged to give notice to end the fixed term tenancy; it will end anyway.

          As already advised, the LL may serve notice to increase the rent once it becomes a SPT, but you would have the opportunity to challenge the proposed increase via the Rent Assessment Committee. If you don't challenge within the required timeframe, then the increase stands and you are liable to pay the increased rent.

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