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Fixed term to month to month tenancy

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550 views 2 replies latest reply: 06 January 2015
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Tenant

Hello experts

I have moved into one of the property few months ago through a letting agent. At the time of moving in I requested them to clearly mention 6 months minimum stay and month to month teanancy there after. But letting agents refused to add month to month tenancy on the assured short term tenancy agreement. Instead they only specified 6 months fixed term stay and at the end of 4th month we should tell our plan/intentions.

Now time as come for us, we have told letting agents that we are intersted to stay in the same property but we need month to month tenancy instead of another fixed term.

But so far letting agents did not decide due to xmas holidays.

Is that possible to extend our contract to periodic one? I don’t want to lock myself for another 6 months on the same property but also don’t want to vacate now. we have 2 years old child.

Please advise me how to tackle this situation.

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Administrator

Hi Karthi

When the entire term of your tenancy agreement comes to an end if you stay in the property and continue paying rent then normally your tenancy automatically becomes a periodic tenancy (this sounds like the ‘month to month’ tenancy you’re describing). There’s some info on this here and here. You don’t need to document a periodic tenancy as it arises automatically and will be based on the same terms as your previous tenancy. If the landlord accepts your rent every month then you can simply stay in the property. You don’t have the same protection with a periodic tenancy as a full tenancy so make sure you read the links above in terms of what it means. In terms of the landlord, most will want to lock a tenant in to a written agreement so they know they will have guaranteed rent for a period of time but you may find that your landlord can work with the flexibility of a periodic tenancy so perhaps wait and see what the letting agent says. If you don’t want another fixed term then presumably you don’t want to stay in the property for more than a few months and if the landlord doesn’t agree to that then you may have no choice but to find another property. If you get into a difficult situation and you need legal advice to avoid eviction then try shelter.org.uk.

Hope that helps

Alex

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Tenant

Hello

Many thanks for your reply.

My letting agent gave me 6 month contract and did not mention about extension.

 

Letting agents said landlord increased rent by £50 for periodic tenancy. They feel insecure for periodic tenancy.

 

Letting agents also said they don’t have to charge renewal fees and do not need any changes.

 

In our initial tenancy agreement:

It only say about first 6 month and notice period is as written below.

To inform the landlord and the agent known as the XXXX Partnership residential lettings two months prior in writing of there intentions as to whether they wish to extend or terminate the original term of tenancy. Such                      notice to terminate the tenancy will be deemed served on the day of the month to coincide with the anniversary of  tenancy commencement to end the tenancy two months hence.

I appreciate if you could pleI hope you can clarify following questions for me

1.If I go for a periodic tenancy and letting agents don’t issue new paper work: Is it going to be 1 month notice or 2 months’ notice period to end tenancy with the property? In the original fixed term agreement they didn’t mention anything about what will happen after 6 months of stay.

2. If I want to give notice Is it a 30 days’ notice from any day or I should give notice only on the starting date of my original tenancy date?

 

 

Please help me with your advice to understand the situation clearly.

 

Thanks 

Karthi

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