Assured Shorthold Tenancy expiry- advice please!

[danjuan19]

I am currently am renting a house on a an assured shorthold tenancy.

The commencement date was 03/08/07 for a fixed term of 6 months.

The tenency is due to expire on 02 feb 2008.

I recieved a letter from the property manager on the 16th January stating the fact that the expiry of the lease was due, and that the Landlord had agreed to offer a new 12 month shorthold lease.

Unfortunately due to work i need to move in May so a 12 month Lease is no good. My partner phoned the property manager to see if we could just have a lease until May, but he said no the only offer available is a 6 or 12 month Lease. The 6 month would take me to August, which is oviously no use to me.

So now my tenecy is due to end on the 2nd feb (two weeks away) which does not give me enough time to find a new place and move out of here.

Can anyone give me any advice on what to do? Any help greatly appreciated!

Thanks
Dan

[Joa]

I would suggest that you try negotiating directly with the landlord, who may prefer to have someone in a property rather then no guarantee of a tenant. You may ask him whether he would agree for the current AST to expire and then to roll on into a periodic tenancy where there is more flexibility of ending it. Put it to him that if you leave in Feb, there is no guarantee that another tenant will be found immediately and the property may be empty, generating no income, but if he lets you stay, then the agency would have more time to find a suitable tenant.
If the landlord does not agree, then I am afraid there is nothing you can do, without some kind of fall out. You can stay in a property after the expiry of the agreement and wait for the landlord to commence legal proceedings to evict you (he cannot evict without a court order, the process may take many months), thus incurring l/lord's legal costs or you can sign the new, 6 months AST, move out earlier but remain liable for the rent till end of this new 6 mths AST (or find a replacement tenant- with l/lord's agreement).

PS
don't let the agency to fob you off that you can't talk to the landlord directly- your contract is with the landlord, not agents and often they are after a commission generated by new or renewed tenancy.

[danjuan19]

Many thanks for the swift reply.

Unfortunately we cannot really deal with the landlord directly as he is away overseas for several months.

Having read through some of the forum i was under the impression that they needed to provide us with two months notice to move out?

I dont mind that we need to move out, just that a little more time would be helpful.

[21stcentury]

I have to agree with Joa on this one, ask the landlord if he will let it roll onto a periodic tenancy as you are moving in May 2008 - If he says no then he is very unreasonable and not acting fairly. I would rather a tenant in than in two weeks time have a void.

The only thing that i would be carefull about is upsetting the letting agents, they normally carry alot of power with the landlord and if you go in guns blazing then this might put ther back up and force you out. Also your contract is with the landlord, but the landlord has appointed agents who act as a virtual landlord and your dealings should be directly with them.

If all else fails, the landlord will have to servfe a S21 notice on you then wait 2months till it expires then start proceedings against you which will take another 8weeks for court appearance then the court can give you upto 45days to leave which will work out when your leaving anyway. It might be worth pointing that out to letting agent if your soft approach falls on deaf ears.

Good luck, hope it works out for you.

[danjuan19]

below is a letter i have just witten to the letting agent, will get it in the post in the morning.

Dear xxxxxxx,

Thank you for your letter dated 15 Jan 2008.

We have enjoyed our occupation of the property and would like to continue our residency if possible.

I have been informed that I am to be posted in May 2008; we would like to continue our tenancy as a periodic tenancy until the 2nd of May 2008 if that is at all possible.

We appreciate your help and advice in this matter and await your response.


Yours sincerely

xxxxxxxx

I imagine his response will be a no and say that we can only have the 6 month lease. If that happens i may have to be a cxxk (which i really don't want to do) and point out about the s21 notice.

Hopefully he will agree as like you have both said it seems daft to have the place empty and not making money.

Thanks again
Dan

[21stcentury]

Hi Dan,

I think you have it right with the soft approach. Let us know how you get on.

Derek