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Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 7620
Experience:  BA (Hons), PgDip, Practising Solicitor
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Hi, We are a family of 5 who did have a 6 month tenancy agreement

Customer Question

We are a family of 5 who did have a 6 month tenancy agreement which expired and we continued to roll on month by month. This suited both parties as our landlord wished to sell and we were rennovating a house. Then we received a letter on 27th August giving us 30 days notice and telling us they now wanted to re-let the property instead and had other tennants lined up for the 27th September who were prepared to pay a higher rent and sign a years lease. Our new house will not be ready till mid November and they have informed us that we can stay till 27th October but will have to pay a higher rent. Please can you advise. Many thanks
Submitted: 7 years ago.
Category: UK Property Law
Expert:  Thomas replied 7 years ago.



No, the landlord has himself in a pickle.


If your previously tenancy has expired then you are occupying the property under a statutory periodic tenancy which means that it continues on the same terms (inc. rent) as the previous tenancy but from one rent period to the next. In these circumstances the landlord still has to serve a valid section 21 Housing Act 1988 notice upon you giving you two months notice with such notice expiring on the last day of a rent period.


The notice he has served you is invalid and a Court will not make an order for possession on it.


He would have reserve the notice in the appropriate form and wait until it expires before making an application to Court for an order for possession so that you would have to leave.


If you wish to vacate the property then you would have to give only one month's notice if the rent is paid monthly, it must be in writing and it must bring the tenancy to an end at the end of a full rent period. You should serve this accordingly to marry your vacation of the property with your new accommodation.


You do not have to pay increased rent and are not yet under an obligation to leave the property. The landlord does not know what he is doing.


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Kind regards,



Thomas and other UK Property Law Specialists are ready to help you
Customer: replied 7 years ago.

Thanks for that Thomas,


Could you tell me if a landlord wishes to increase the rent, does he have to give a certain period of notice?



Expert:  Thomas replied 7 years ago.


The landlord does not have a right to increase rent in these circumstances. If he serves a valid s21 notice and then offers you a new fixed term tenancy agreement at the end of the notice period then that it is his prerogative, just as it is yours to either accept or reject.


He could suggest that you continue on the statutory periodic tenancy under a newly set rent otherwise he will serve the notice, but then it would be your decision to accept/reject.


Kind regards,