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Letting agent wanting me to sign 12 month tenancy even though tenancy agreement says I can have a monthly one?


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Hi, hope someone can advise me on this.

 

My letting agent is telling me that at the end of my current contract, they want me to sign a 12 month contract otherwise I will have to leave. I looked on my tenancy agreement and it states the following

 

TWELVE MONTHS beginning 6th july 2017. If the tenant does not leave at the end of the fixed term, the tenancy will continue, still subject to the terms and conditions set out in this agreement, from month to month from the end of the fixed term until either the tenant gives notice that he wishes to end the agreement as set out in clauses 6 and 7 below or the landlord serves on the tenant a notice under section 21 of the housing act 1988, or a new form of agreement is entered into, or this agreement is ended by consent or court order"

 

clause 6 and 7 talk about giving the landlord 1 months notice before I want to leave.

 

Am I within my rights to ask to stay on a monthly rolling contract based on the above?

 

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I'm not sure that you are. I think the provision is simply that if nothing is done then your tenancy will continue on a month by month basis. However, if the landlord feels insufficiently unsure that the tenancy will continue in a predictable way so that he makes is income from it in a way that he can rely upon, then it is likely that he will serve you with notice – as he is entitled to do

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That doesn't make sense to me though - it states the tenancy WILL continue if I don't leave. Nothing about the landlord needing to agree with it. I understand he could serve me with notice but other if he chooses not to then surely he can't force me to sign a 12 month contract and would have to honor what was in the tenancy agreement.

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That doesn't make sense to me though - it states the tenancy WILL continue if I don't leave. Nothing about the landlord needing to agree with it. I understand he could serve me with notice but other if he chooses not to then surely he can't force me to sign a 12 month contract and would have to honor what was in the tenancy agreement.

 

But, in effect, BF is correct. If you don't sign a new 12 month contract, expect to be served a s.21 notice, preventing any rolling monthly period tenancy beyond the 2 months notice required by a (otherwise valid) S.21 notice.

 

It would continue (monthly, period, rolling), IF none of "the landlord serves on the tenant a notice under section 21 of the housing act 1988, or a new form of agreement is entered into, or this agreement is ended by consent or court order" applies.

But, if the LL is asking for a new 12 month agreement, if you don't sign up, whats to stop them issuing the s.21?

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