UK Landlord Forum / Life

Hello Landlord Forum,

I have a Assured Short-hold Tenancy Agreement which expires the 28 February. The managing agent visited the property on the 18 January and told us that the landlord intend to renovate the property so they will not be renewing the contract. We received a letter from the managing agent on 25th January with a new short-term lease for two months at the end of the old lease. The new lease is identical to the old one, except the term is two months and the break clause and any notice period has been deleted.

The old contract states:
It is hereby agreed that the Landlord or Tenant may bring the tenancy to an end before the expiry of the term by giving the other party not less than two months prior written notice at any time.

So, they have only given us one month's notice before the expiry of the old lease and want us to sign another AST agreement for a further two months.


My questions are:

Does this mean they should have given us notice at the end of December i.e two months before the lease expired? Are they in breach of contract, or could they have just not renewed the lease at the end of Feb and not given us any notice?

Is the new lease 'legal' as the notice period/break clause has been deleted? It is my understanding that if I do not sign the new lease the tenancy will continue to 'roll over' if I continue to pay the rent?

Also, the managing agent - as far as I am aware as I have not been sent notification and I have checked online - has not held my deposit in a protection scheme, isn't this illegal?

Thanks for your help.

Diane

They need to give you two months notice. It's as simple as that really.

Agents I would hope have your deposit protected.

Basically they can only ever kick you out after 6 months, but have to give you 2 months notice in any event ( at the end of month 4 )

The new "lease" is just the Agent finding a way of charging money, as it is frankly erroneous.

Thank for your reply Boboff,

I don't quite understand would you be so kind as to clarify

Basically they can only ever kick you out after 6 months, but have to give you 2 months notice in any event ( at the end of month 4 )

If I sign the new AST lease without any break clause/ notice terms, would the law be on my side and the agent would have to give me 6 months tenancy (even though the contract is only until April) with 2 months notice  as it is implied if it is not stated in the contract?

Thanks
Diane

No, the new lease is just a formalization of the actual law and not required.

A brand new AST would give you 6 months from signing though, but I doubt if this is on offer.