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Forcing through a new tenancy agreement.

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Mcvj | 15:10 Fri 14th May 2010 | Property
6 Answers
God, I'm keeping this place running today with all of my questions...

Me and my partner had signed a tenancy agreement for 6 months, we've been there for about a year now and as the 6 months have expired, it became a rolling contract.
We've split up now and he has taken himself off the tenancy agreement, i've just called the estate agent who have informed me that I will need to sign a new 6-month contract. I don't want to do this, as I don't know how long I want to live there, and don't want to be tied down... what are my rights here? Do I have to sign a new contract? Can the length of time be negotiated?

I don't currently have a copy of my tenancy agreement so I can't look on there. Friends have advised that this is just an administration necessity from their perspective and as long as I keep paying my rent, there isn't an issue.

I'm stressing about this slightly, as I can't afford to move somewhere else at present - I'm still looking at the option of going with homebuy direct. The other alternative is to move in with a friend (who isn't released from his contract until July), if I have to sign a new agreement I'm going to miss out on these options - pulling out my hair here! Grrr
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youe estate agents are both right and wrong - as the tenneancy is changing, (ie just you, not you and your b/f then you need to sign a new one, which will be as if the old one never existed, so will have to be for 6 months. However, they are wrong to state you have to sign it - you could always take the option of putting in your notice and leaving
bednobs is right, a new tenancy is necessary which will probably be for 6 months. You could always ask for a break clause.
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Sorry for the delay in thanking you both - I've been off the tinterweb for a bit.

I did manage to speak to a friend who used to work for an estate agent and she's under the impression that I wont need to sign anything as I have already served the term of the agreement. I think for now I'm going to leave it and see if anybody tried to chase me over it... It's a bit like I'm putting my head in the sand but I don't have time to think about it all now!

Thanks again for your advice xx
They can't insist but they could serve 2 months notice on you to leave if they are unhappy with your refusal to sign up. Equally your boyfriend could give notice on the tenancy and have you out on your ear inside a month if you leave him on there. Or he might want his name removing to make sure he isn't still liable for the rent and bills.
Really, when your partner left and, apparently, had himself taken off the tenancy it should have required a new tenancy to be signed. But, if you haven't then I wouldn't push it. Probably better to delay and see how things pan out but, if the landlord/agents insist, then you may have to sign a new agreement. If you refused they could give you notice to leave. I'm surprised that they would have taken your partner's name off without issuing a new tenancy agreement. What happened about his share, if any, of the deposit?
I wouldn't worry too much even if they give you notice to quite it would take them many months to enforce it. In all probability as long as they are receiving a rent I doubt if they are bothered. Each time they have a new tenant it costs them money so they wont be in any hurry for you to leave.

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