Tenants rights – statutory periodic tenancy

by Readers Question

9:19 AM, 5th July 2014
About 6 years ago

Tenants rights – statutory periodic tenancy

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Tenants rights – statutory periodic tenancy

I have been a tenant in a property for two years now and have had to sign 6 month contracts.  Tenants rights - statutory periodic tenancy

I refused to sign a new contract earlier this year and am now on periodic tenancy.

My landlord cant force me to sign a contract if I am still paying my rent can he?

Also he is wanting to up my rent, is he allowed to do this?

Thanks

Jan


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Comments

Mark Alexander

8:49 AM, 11th February 2015
About 6 years ago

You're welcome, good luck 🙂
.

Romain Garcin

10:16 AM, 11th February 2015
About 6 years ago

Hi Michelle,

The notice aspect depends on the exact wording for your tenancy agreement.
Assuming the most common case whereby the agreement just states that it is for a term a 6 months then, after that term, the tenancy is replaced by a periodic tenancy and all the clauses regarding termination no longer apply.
This would mean that your clause about 2 month notice could be ignored.

Based on that assumption in January you could have served a valid notice to quit ending the tenancy on the 28th February (as you said original tenancy started on the 1st of the month for 6 months).

Now, regarding handing the keys back, in itself it does not imply that the tenancy has been surrendered, i.e. terminated. It would depend on the agreement and the conduct of both you and your landlord.
Even if the tenancy is surrendered you are not automatically entitled to a refund of the rent you paid for the current period. It must be agreed in advance.

The notice you gave does not seem to be valid as the expiry date was likely not correct and your landlord only seem to have agreed to accept it or the surrender on the 14th March unless a new tenant is found.
Therefore, as Mark suggested, in your shoes I would help the landlord conduct viewings, especially since you no longer live at the property, and not insist on 24 hour notices.

If you hand the keys back, take final meter readings with your landlord, and basically check out (including removing all your belongings), overall that would be good evidence that the tenancy has been surrendered although, as said, it would not in principle entitle you to a pro-rata refund.
Make sure to have everything documented in writing.

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