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Advice on tenancy aggreements

13 replies

Nicky883 · 22/04/2016 16:29

Hi all
I wonder if you could help me we have an assured shorthold tenancy agreement that ends in the 1stt of june we dont want to leave but dont want to sign a contract either as we are had our offer accepted on a house
The agent is telling us that the landlord will probably reject going to a periodic tennancy and will serve us notice
Isnt the notice supposed to be 2 months ?
Can he make us leave in 1st of june that our contract ends ?

OP posts:
Nicky883 · 22/04/2016 17:18

Bump

OP posts:
specialsubject · 22/04/2016 17:31

No. Go read your rights in the how to rent booklet on gov.UK.

If the landlord wants you to leave he has to serve notice of two months. It can't expire before the end of your fixed tenancy, so he is too late for that.

specialsubject · 22/04/2016 17:33

Best bet is communication - let your landlord know you are buying and so want to go on to a rolling contract. Keep chasing your purchase and it may all match up. Do not give your notice of one month until you have exchanged.

Nicky883 · 22/04/2016 17:38

He knows we are buying but according to the estate agent he doesnt want us to go on a periodic contract so i think he will served us notice i read in my contract that it has to be 2 months i just wanted to make sure
The seller has found an empty house as well so i am expecting this to be short but you never know .
I wish he could let us go on periodic as if anything goes wrong we dont want to be left with nowhere to go.
We are in south east rental is in demand here so i dont think he will have a problem finding a tenant in one month

OP posts:
ApricotSorbet99 · 22/04/2016 18:33

When you initially signed the contract was there a S21 notice there as well?

If not, he has to give you 2 months notice. If there was then no further notice is required and he can go straight to court to ask for a possession order.

specialsubject · 22/04/2016 18:48

Repeat, go read your rights. You are on two months notice which cannot expire before the end of your fix, now five weeks away. You will be going on to a periodic tenancy as you have no section 21 that you have mentioned.

ApricotSorbet99 · 22/04/2016 19:10

She's not on a 2 month notice if this hasn't been served.

specialsubject · 22/04/2016 19:33

Yes, that's what I said. Bored with explaining now, all info readily available.

Nicky883 · 22/04/2016 19:34

Dont reply then you are very rude ! Tha k you apricot i ll have a look !

OP posts:
kirinm · 23/04/2016 18:50

I suspect your landlord doesn't even know you want to go onto a rolling contract. There's no money in it for the letting agent if you don't sign a new contract. Can you try your landlord directly? Your landlord must give you 2 months notice. If you go onto a rolling tenancy, LL must still give you 2 months but you only need to give 1.

We are in the same position as first time buyers but went directly to the LL about going on to a rolling tenancy and agreed to give him 2 months notice to make sure he gets tenants in time.

FishWithABicycle · 23/04/2016 20:10

The end of the tenancy is just when the landlord can start eviction proceedings. Try to chivvy on the house purchase as quickly as possible and with any luck it will be complete by the time your landlord gets the eviction order in place. Investigate local options for storage and short term accommodation so that you have a fallback plan if it doesn't work out.

specialsubject · 24/04/2016 11:24

Facts aren't rude. And you don't get to police who replies on a thread. Go scream to mn HQ .

StepAwayFromTheThesaurus · 24/04/2016 11:54

I suspect that you have an EA who doesn't want it to go in to a periodic tenancy because they don't get the fees (from you and your LL) to renew the contract.

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