1

I have a rental agreement with my landlord with a fixed period of 1 year. It states in the contract that this will automatically become a month by month basis, subject to cancellation under the same clauses that the fixed period was under, after the 1 year period is up. These cancellation clauses state that either side must give a certain amount of notice before cancelling the agreement.

I've been informed by the company that handles my property that they want another fixed contract rather than letting the contract become a month by month one. They've heavily implied I have no options other than to comply and sign a new fixed term agreement, and that the contract will not become a month by month one. I can't see anything that gives either side the option of cancelling this provision, so I'm not sure if legally they can do this. I don't want to sign up for another full year.

Are they allowed to do this?

  • Are they giving the proper amount of notice? It is hard to say without seeing the actual contract. – mikeazo Jun 14 '16 at 14:50
  • They haven't given any notice, they appear to want me to either move out at the end of the fixed term, or to sign a new fixed period contract. – Seb Jun 14 '16 at 14:54
  • How long until the 1 year is up? It sounds like they can legally tell you either sign another year or move out as long as they do so with enough notice. So, I suggest you tell them that you would like to go to month to month as the contract allows and if they do not want that, to provide notice in writing within the timeframe required by the contract. – mikeazo Jun 14 '16 at 14:57
  • The contract ends in just over 1 week. I feel like they've waited until the last possible moment in an attempt to fluster me into signing a new contract. At no point in our entire tenancy have they ever said or suggested they would not honour the automatic conversion. – Seb Jun 14 '16 at 15:06
  • Does the contract state that the notice must be done in writing? In a lot of places there are groups you can contact about landlord tenant issues that will give free consultation. – mikeazo Jun 14 '16 at 15:15
1

Assuming that you have an assured shorthold tenancy, it will automatically become a "rolling" tenancy (formally, a statutory periodic tenancy) when the fixed term expires, unless a new tenancy agreement is signed.

You are not obliged to sign a new agreement, and the landlord can't force you to. If you do nothing, you will have a rolling tenancy. If the landlord isn't happy with that, his only option is to serve a section 21 notice to request that you leave.

(Incidentally, notice periods are governed by law, and so any cancellation clauses cannot "take away a right a tenant might otherwise have had". The default is that the landlord must give 2 months' notice, and the tenant one month.)

  • They've served me a notice, I have two months to vacate. Guess they were hoping I would just leave when they initially contacted me, realised I wouldn't and then took the two month hit. Not great, but at least I have more than half a week to leave now. – Seb Jun 27 '16 at 15:29
  • Sorry to hear that. From what you've described, the letting agency is either incompetent or unethical. Hopefully the next one will do a better job. Good luck. – Steve Melnikoff Jun 27 '16 at 21:29
  • It might be worth asking them if the landlord would accept a six-month contract rather than a year (even at this stage). – Martin Bonner Feb 14 '17 at 14:23
  • Loosely related: landlordlawblog.co.uk/2017/06/05/… – Steve Melnikoff Jun 5 '17 at 10:16
0

Since the contract becomes a month-to-month lease automatically, preventing this from happening would require cancelling the contract. If the contract stipulates that they must provide you appropriate notice to cancel the contract, then that's what they must do.

I would suggest you ask them explicitly whether they wish to cancel the contract or not. Heavily imply that they have no other options other than to cancel the contract or not cancel the contract.

Your Answer

By clicking “Post Your Answer”, you agree to our terms of service, privacy policy and cookie policy

Not the answer you're looking for? Browse other questions tagged or ask your own question.