Donate SIGN UP

Ending a Tenancy agreement

Avatar Image
babyface29 | 09:36 Mon 12th Jul 2010 | Property
1 Answers
Hi, I need some help please...
I agreed an assured shorthold tenancy agreement on 31/03/2008 for a period of 6 months, ending 29/09/2008, after this period, every 6 months we have received a new agreement with a request to sign, but have not actually done this, thereofre never signed a new agreement, although in the new agreement there was the option to continue for a further 6 months or to move to a periodic tenancy.
We are now looking to leave the property and have served the apropriate 1 months notice, we are now in dispute with the landlord as he is saying we will need to pay rent on he property untill the end of September - which is the end of a 6 month period. Our tenancy agreement states: 'If on coming to the end of the fixed term agreed above (31/03/2008 - 29/09/2008), the landlord does not seek possetion and the tenant remains in the property, they will be considered, by virtue of section 5 of the Housing Act 1988, to have statutory periodic tenancy. This will contnue till ended by either party.'
We pay rent 1 month in advance, so by the above i understand that we are now on a rolling monthly basis and cannot be made to pay for the further 2 months until the end of September.
I would be grateful if someone could help me...if you need clarification just ask...
Gravatar

Answers

Only 1 answerrss feed

Best Answer

No best answer has yet been selected by babyface29. Once a best answer has been selected, it will be shown here.

For more on marking an answer as the "Best Answer", please visit our FAQ.
If you haven't signed a new tenancy agreement then you are on a periodic tenancy and the notice is indeed one month (there is a slight grey area here as some argue that the one month notice should coincide with the end of a rent period). The fact that the landlord has sent you a new tenancy agreement doesn't come into it unless you actually sign it.

I suppose the simple solution is to ask the landlord to show you a current tenancy agreement signed by you. If, as you say here, he can't then you are obviously on a periodic with one month notice.

Only 1 answerrss feed

Do you know the answer?

Ending a Tenancy agreement

Answer Question >>