6 month fixed term assured shorthold tenancy expired...but still in house.

[hatters1999]

hiya,

 

our 6 month assured shorthold tenancy expired in June 2008. However, we're still in the property and still paying the rent on time etc, and wish to stay in the short term.

 

We've been in the property since November 2006 and have renewed every six months, for which the letting agency charges us a £75 fee

 

However, we haven't signed or agreed any contract since June 2008 (when the shorthold expired) and there doesn't seem to be any reference to it rolling on in the contract. Do we automatically move onto a statutory periodic monthly tenancy?

Not sure where we stand at the mo.

[MrShed]

Statutory periodic monthly is exactly right, with the same terms as you had in the initial tenancy.

[hatters1999]

Thanks for your quick response,

as an additional query...can the letting agent/landlord force us to sign a new 6 month shorthold or a monthly contract (I was under impression that minimum term for shorthold was 6 months anyhow) or can we stay as we are on the statutory periodic?.

He makes a charge for 6 month renewal of approx £50 and has intimated if we go monthly he will charge an additional £25 per month. Can we just stay on statutory periodic at same rent as now?

[MrShed]

They cant force you to no. But they can evict , you have little security of tenure whilst not on a fixed term tenancy.

[TheChancellor]

They cant force you to no. But they can evict , you have little security of tenure whilst not on a fixed term tenancy.

 

I think you will be on a "rolling" 2 months Notice should your landlord decide to issue it.

 

Did you sign anything agreeing to the renewal payments?

[MrShed]

Dont know what you mean by "rolling", but yes the landlord needs to issue 2 months notice in any event to evict.

[TheChancellor]

Dont know what you mean by "rolling", but yes the landlord needs to issue 2 months notice in any event to evict.

 

Sorry, i meant "rolling" in as much as you can only count on having 2 months tenancy left at any given time.

 

( A little more in practice as they may have just short of 3 months Notice depending on the date it is served plus the time taken to gain a Possession Order if it came to that).

[MrShed]

Gotcha

[hatters1999]

thanks for all the info guys....there's nothing in the shorthold contract whatsoever in regard of anything after the tenancy finishes, other than the return of deposit and itinerary etc.

We're looking at buying a house anyhow, I know I know not a good time lol

So I think we'll just sit tight and see what the landlord propses from now but def not going to sign another 6 months

[TheChancellor]

thanks for all the info guys....there's nothing in the shorthold contract whatsoever in regard of anything after the tenancy finishes, other than the return of deposit and itinerary etc.

We're looking at buying a house anyhow, I know I know not a good time lol

So I think we'll just sit tight and see what the landlord propses from now but def not going to sign another 6 months

 

Now is a great time if you've got any cash! Think you'll need at least 20% though.

 

You'll only need to give 1 months Notice if the tenancy continues as at present.

 

Good Luck.:grin:

[hatters1999]

....following on from all this, and we're very appreciative of the good advice we've received on here,

We have a meeting with the landlord later this week as he's:

1. trying to force us into signing another 6 month agreement (which we don't want) but we are intending to stay on the statutory periodic that we legally have moved onto from the expiry of the last agreement.

2. trying to charge an increased rent (+£75 per month) from June 08 (the end of the last 6 month agreement) and saying we have to pay this. We have no letters or formal requests from him asking for this.

 

where do we stand as to the back payments, and also to a payment increase from the date of the meeting?

I'm of the opinion he can't demand this back payment but my partner is worried about it.

[MrShed]

He cannot charge you a penny extra in rent without following the S13 procedure. He clearly has not done this, so no more rent. Even if he does, he cannot "back charge" this under any circumstances.

[hatters1999]

thanks for the answer...sounds like I thought it would be...by the way...s13? whats this?

[MrShed]

S13(Section 13) is the prescribed notice the landlord must send you to raise the rent.

[hatters1999]

Thanks for that....well he certainly hasn't done that Thanks for yor help