Staying in flat after lease has expired

[hoobooboo]

Hello.

I'm trying to help a friend of mine out with a problem (and to be honest I'd really like to know the answer to this myself!)

A friend of mine has lived in her rented accommodation for almost 2 years now. The lease expires at end of Jan 2019. She recently put an offer in on another flat she'd like buy. The paperwork is going through but she tells me there have been some significant delays on both sides and with the added complication of Xmas and New Year coming up she's fretful the exchange will not go through by the time she has to move out. She says she really doesn't want to have to move twice as she has a heck load of stuff so ideally wants to extend her stay in her leased flat for a maximum of 2 months, taking her to March end by which time I guess her sale will have been completed. I suggested she just speak with the landlord as surely this is simple to arrange. She says she has no direct contact with her landlord as he lives abroad and instead deals with the estate agent who let her the flat. She says the agent is 'useless' (her phrase) and is afraid of approaching them because a) they will want their fee for extending the lease (which she says she is unwilling to pay as the extension is only a measly 2 months) and b) she has no way of determining whether the agent has raised the request with the landlord or not - and could just as easily deny her request without ever involving the landlord. I don't know if she is being a tad paranoid about the agent, but she seems reluctant to ask them in the event that the rent is hiked up and / or their fees for doing this - if they do it - end up being astronomical. She says she's needing to be careful with cash given her sale. So her idea is that she simply pays 2 months rent up front to the agent for Feb and March and leaves thereafter. She says she's checked several sites (don't know which) which stated that as it is such a short extension period, it will cost the landlord more to start eviction proceedings. I'm just worried about her credit rating / etc. Will this not cause some blemish on her record? Also, I can't seem to get through to her that perhaps just having a conversation with the agent might resolve all very easily. She doesn't want to give them the opportunity to raise costs, I think. Any feedback / comments appreciated.
TA!

Does she definitely know they will charge a fee?

TBH she needs to suck it up. Moving is expensive.

Assuming it is an ast unless they give formal 2 months notice before the end of the tenancy it can roll over on a periodic basis.

Thanks for your comments! I don't know if she definitely knows they will charge, worth asking her. And ultimately you are right I guess: moving is expensive! She has said that she is expecting the agent to contact her shortly to check whether she wants to renew the tenancy or move. She doesn't want to sign a new tenancy for obvious reasons - she does't need to stay for any longer than 2 months.

So she just asks for it to be rolled over.

Is she in England/Wales? Unless there is a very weird set up it won't be a lease, it'll be an Assured Shorthold Tenancy and it doesn't "expire". The fixed term will come to an end and unless something else is agreed between the two parties, it will automatically go on to a rolling period tenancy on the same terms, and she can give a month's notice when she's ready. She's got no obligation to sign a new tenancy, though it's possible the agency will try to persuade her to as they'll want another excuse for a fee.

More info here: england.shelter.org.uk/housing_advice/private_renting/assured_shorthold_tenancies_with_private_landlords

If I were her I would wait to see if the agency approached me towards the end of the fixed term and if they did, would tell them I wanted to go on to a rolling periodic tenancy.

If they don't want to do that there is a very specific process they would need to follow to evict her which starts with them giving 2 months' notice. Given that 2 months is all she wants they would have to be extremely stupid to start this process, but if they did I can't see how there would be any impact on her credit rating as long as she continued to pay the rent - though I'm happy to be corrected!

We have been landlords and we were quite happy for a tenant to have a rolling period tenancy. As landlords you want the property tenanted. If a tenant was reliable then we were flexible and I would much prefer s tenant to move in March rather than jan 2 more months rent and brighter days to fix any issues when they move out.if she has been there for two years then it will need to be freshened up.

Gosh @sossages thank you very much for this! This is similar t what my friend was saying and to be quite honest I'm really rather surprised. I'm obviously delighted for her (ad thank you for the link which I've passed onto her) but I own a flat which I rent out so this is somewhat scary for amateur landlords!

Actually @Hecatethewitchescat you are right. My current tenants are absolutely lovely lovely people so I would bend over backwards to accommodate them. It's give and take, isn't it? Thanks again for the info - surprising and good to know!