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Thomas
Thomas, Solicitor
Category: Property Law
Satisfied Customers: 7481
Experience:  UK solicitor holding an England and Wales practising Certificate.
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my AST is about to expire and the landlord insists I must sign

Customer Question

my AST is about to expire and the landlord insists I must sign another six months agreement but I will rather enter into a periodic tenancy. What can I do?
Submitted: 1 year ago.
Category: Property Law
Expert:  Thomas replied 1 year ago.
Hi,
Thanks for your question.
Have you received a s21 notice from your landlord requirement possession of the property?
When does the fixed term expire?
What date do you pay your rent?
Kind regards
Tom
Customer: replied 1 year ago.

I have not received a s21. the fixed term expires on February 05. I pay my rent February 06.

Expert:  Thomas replied 1 year ago.
Hi
Thank you for your question and patience, I’m Tom and I’ll try to help you.
There is no much you can do to compel your landlord to let you remain on a periodic tenancy for any sustained amount of time.
If you refuse to sign a new tenancy agreement then it will be for the landlord to decide whether or not to seek possession. If he does then he will only be able to apply to court for an order for possession once he has served you with a valid s21 notice requiring possession.
If he has not done this then you are in an okay position. The s21 notice must give you two months notice with such notice to expire at the end of a rent period. So, the earliest notice he could now serve you would be a notice which would run from 05/02 to 05/04. So the earliest time he could apply to court to evict you would be 5th April.
If he does not serve the s21 notice by the 5th, then the earliest he could apply for possession from court would be 5th May because he would have to serve a s21 notice which ran from 05/03 to 05/05.
Basically, you should attempt to avoid the subject and hope he does not serve a s21 notice until after 05/02. When you are served the notice I would take it to your local solicitors Citizens Advice Bureau to check that the notice is valid.
My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.
Kind regards,
Tom
Customer: replied 1 year ago.

Thanks. If he gives me a s21 and I decide to leave the house before it expires, say after one month. Will I have to pay rent for the entire notice period or do I have to give my own notice to quit?

Expert:  Thomas replied 1 year ago.
Hi,
You would have to give your own notice, which is only one monthh but again must end of a rent day. As here:
http://england.shelter.org.uk/get_advice/private_renting/ending_a_tenancy/ending_a_periodic_agreement
Tom

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