Tenancy ending help

[Tenant]

Great relationship with landlord, always been on time with rent and taken care of flat. We are buying a house and it is likely not to complete till mid November/early December. We have not exchanged yet. Landlord says we either have to leave in early October when terms ends or sign up to a four month fix term contract. We would like to stay until our move, paying rent as usual. as we cannot afford to pay for two houses.
Any suggestions?

We live in a very popular area so likely landlord will be able to re let property very quickly.

I totally understand not wishing to pay double but all sorts of things could happen to delay your completion and you might be glad to have that extra time. Sorry that's not much help is it?

We just cannot afford to pay double

I know you can't afford to pay two lots of rent but look at it from his point of view, if he knows when you are going then he can get tenants in for that time, if you wnat to stay longer as your house exchange/completion has problems then he has to delay his new tenants who then have to either try and stay where they are of find something else.

Sorry I think he iw well within his rights.

I don't really understand what his problem is - most tenancies roll over and tenants only have to give four weeks' notice after that. Unfortunately I have no advice to give. Two months is too long to sofa surf with family and friends but, as MadameCheese points out, sales are rarely smooth and, although everyone says that they want to be in by Christmas, quite often they aren't, so you may find that you are only doubling up on rent/mortgage for a few weeks (which you can use to do any decoration/refurbishment work that is necessary).

As with lala I don't understand his problem - what's so special about a four month extension? Maybe he thinks he's got you over a barrel and knows that finding tenants around Christmas can be tricksy but in the new year it will be easier. All I can suggest is that you offer a fixed term extension until the end of November which would give him a firm date to get new tenants and leave you with (hopefully) not long to share with parents or friends. On the other hand if you haven't exchanged yet there's still lots of scope for delay. Also if you are at the bottom of a chain you are very important and could try to get a really long gap between exchange and completion.

If tenants are easy to find the best option for him is certainly to get you out early October so you may be completely stuffed with this. Sorry.

You don't have to sign a four month extension. Your tenancy will automatically roll over into a rolling tenancy with a 1 month notice period each way (I think that's correct for the notice periods. You should check). There's nothing your landlord can do about it. He can't force you to sign a four month extension and the worst he can do is give you notice and try and kick you out. However, if he tries that you should just keep paying rent and sit tight. Evicting you would be a long and expensive process for him so he's unlikely to try it.

nocake I think we will probably sit tight. will we be unlawful occupiers, or are we ok until after he gives notice? - how much notice does he have to give us?

I'm not sure that your tenancy automatically rolls over unless you agree a new contract; I presume you have an assured short-term tenancy agreement, which when it expires, you will have to leave. I would imagine the landlord is trying to avoid having to look for new tenants over the Xmas period.

How far along are you with the buying process? presume you have got your mortgage approved and have got a date for completion?

How long is your chain?

Maybe ask your landlord to start advertising to just find out what the actual demand is, you may be able to find some sort of compromise - good luck!

Usually it is 2 months on an Assured Shorthold tenancy on ll's side and 1 on tnenats, but you need to check yours in case that has been varied. The same terms, and rent, would roll over unless a further agreement is signed Unless he has given you official notice in August for October he can't force you out until 2 months' time anyway and you are legally then in the meantime. However you can't give your notice until you have exchanged so there is always likely to be some overlap, as most properties complete sooner than a month. It is likely be harder for ll to find new tenants for December as, by then, most people will hold tight until the New year unless circumstamces force a move, even in a good area.

Thanks all.
Will just have to wait and see what happens.
Feel less stressed now.

Yes, the tenancy will automatically roll over onto what is called a "statutory periodic tenancy".