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Aaron D
Aaron D, Barrister
Category: Property Law
Satisfied Customers: 572
Experience:  LLB, BPTC
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I have a fixed term tenancy agreement expiring end of

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I have a fixed term tenancy agreement expiring end of September and I want to know how it works the conversion to a rolling basis contract. What are my rights as a tenant and the landlord rights? I would like to negotiate price down a bit but I'm wondering what would be the downcase scenario if negotiations fail? Does the landlord has the right to ask us for the apartment before it switches to rolling basis? Or if I want to stay there is few he can do? Thanks for your help

Hello, thank you for your question. My name is***** am a barrister and will assist you with this issue today.

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Once your fixed term comes to an end your tenancy will usually move automatically to a monthly rolling contract which is called a Statutory Periodic Tenancy, unless your contract says otherwise. The rolling contract is the default if your contract is silent on the issue.

Generally, the landlord cannot evict you until after the end of your fixed term. Thereafter he can evict you any time by serving you 2 months notice (at the moment it is 3 months under emergency coronavirus legislation).

If your landlord wants you to leave at the end of your fixed term then he has to serve you the notice 2/3 months before the end.

In terms of renegotiation, you are entitled to do so although most landlords will be unwilling to negotiate, especially as the rental market is actually quite strong.

If they agree to renegotiate they might ask that you sign up to a new 6 or 12 month term. They are allowed to do so butt of course it's up to you whether you agree.

I hope this helps, if you can please accept my answer and rate me 5 stars (in the top right of your screen) then Just Answer will credit me for helping you today.

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Customer: replied 1 year ago.
Thanks for your answer. I have another question, how much on average do a landlord pay as commission fee to a real estate agent for a fixed rate rental?

Sorry I wouldn't know as that is not a legal question.

Aaron D and other Property Law Specialists are ready to help you
Customer: replied 1 year ago.
ok thanks