Buying house, rental contract expires in 3 weeks, EA only offering 3 month contract

[Mariagatzs12]

Just as the title says, what can we do if EA only offers a three month contract? As we're moving to a vacant property everybody thinks it will take fewer than 12 weeks giving at the very least one month overlap. (As the three months will start once the current contract ends). We're thinking nothing and we'll probably have to suck it up

I thought most contracts had to be offered as a monthly rolling one? Speak to Shelter or CAB?

I'll call shelter as in my experience CAB are useless. Of what I can see it might work in my favour to make them evict me, but that seems extreme.

With private rentals you just wouldn't renew the contract or if you did it's only one month's notice usually. Maybe it's different for HA though.

If you don't renew then your current tenancy reverts to a rolling contract, ie month to month. Your landlord can give you 2 months notice, you give them 1. They can't make you sign something you don't want to do. They can serve a S21 notice with a minimum of 2 months notice.

I would personally say you will sign it, but delay as long as possible. I also seem to recall that an AST must be a minimum of 6 months, anything less is a lease but it was a while ago since I looked at this.

The reality is there is very little the landlord can do to force you out to their schedule. They can serve notice but even once the notice has expired, they can't just turn up and demand the keys back. They would need to go to court to get a possession order which is costly and time consuming.

I have a limited amount of sympathy for the landlord tbh. And I am not a landlord hater. But any landlord needs to account for voids in their property.

Check your tenancy but if it's anything like mine, 1 months notice for me to leave or two months notice if the landlord wants me to leave, then don't renew

My contract doesn't specify any "leaving notice" it's just three months that's it.

We had two sets of six months, then negotiated it down to three months. The first contract of three months is about to expire.

When we first tti f to move out, they agreed to moving out early as long as they could find another tenant. We were liable for all rental payments until said contract expired or they found a new tenant whichever happened first.

My understanding is the same as PP:

1. Minimum AST is 6 months (or at least it's pointless having less)
2. At the end of the initial term it reverts to monthly.

I am a landlord and every single tenancy I have let has reverted to a monthly contract which both parties were happy with, and I think this was even stated in the wording of the AST agreement. The estate agent is probably just trying to maximise their commission (do they take fees from you or LL for each contract signed?), the LL may not be award of the rules or doesn't care and letting the agent call the shots. As suggested, delay, quote back the rules once confirmed, all the while paying the rent as normal. Once you exchange, give the month's notice and be clear that is your moving date. It is absolutely not allowed for any of your deposit to be withheld for any "rent owed" on any 3 month period you didn't agree to. I would hope your deposit it adequately protected - maybe check that too. Basically make sure you're all read up on the laws and don't let the agent bully you

Just spoke to Shelter. Apparently yes if we can't come to an agreement getting evicted is the answer. Who would have thought so...

Estate agents want you to sign another contract because they get fees (often from you and your landlord). When I've been in this situation, I've just told them I was going to let the contract roll onto a rolling contract. That's it, no fuss.

The emails they send are written to make it sound like it's not an option, but it is. And if you're going to be out in less than 3 months anyway, I really wouldn't worry about being evicted. Even if the LL issued notice the day after your contract ended, it would still be two months before you'd have to go

Yes @Uncooperativefingers that's exactly what Shelter said. And to gain some time, to play stupid.

Shelter said that? Did they not explain properly? Glad all those donations get used so well....

lots of wrong stuff on here too.

If England, read your how to rent guide. At the end of a fixed term if no-one agrees to an extension the tenancy becomes a rolling one. One month notice from you, two from the landlord.

If the landlord issues notice then you don't have to leave until the bailiff comes. (NOT at the end of two months) That will be six months at least. You are leaving anyway.

this is a case of bad agent playing on clueless tenant. Get clued up. Basically do nothing and tell the agent you will be issuing your notice when you are ready. Your notice is irrevocable so don't do it until you have exchange.

and yes, the agent wants fees from the landlord for a new tenancy. It is now illegal to charge them to you.

I'd say tell the agent you're happy for it to just go rolling periodic. You don't really need to say any more to them.

A fixed term grants both you and the landlord a degree of stability. A rolling periodic gives you both flexibility. Which is exactly what you need - you can give notice when you've bought your house and minimise the period you're paying for rent when you don't need the rental any more.

If the landlord really doesn't like it they can serve notice. 2 months notice and any eviction proceedings would be even longer. Provided your house buying doesn't fall through you'll be out long before any eviction can happen.