Fixed term lease is up - do I need to sign another?

John_Mc

Hi,

I signed a 12 month lease with our Landlord. Everything has gone well and there have been no problems on either side. He recently dropped a note in the letterbox informing us that a different letting agent would be handling the new lease and he hopes we decide to stay.

I'm just wondering if we have to sign a new lease to stay in the house? We'd rather avoid this and keep it rolling.

Thanks in advance

coco_lola

You should inform your landlord of your intent to stay on. Most landlords are happy enough to let it keep rolling on a month by month basis though. AFAIK, if you pay rent on it's due date after the contract is expired, and you don't notify your landlord that you intend to leave, you are entered into a Part 4 tenancy.

Taken from Citizens Information:

Claiming a Part 4 tenancy at the end of a lease
If you have a fixed-term contract or lease (for example of 1 year) and you wish to remain in the property under the rights acquired under Part 4, you must notify your landlord of your intention to stay in the property between 3 months and 1 month before the expiry of your fixed–term tenancy or lease agreement.

If you do not notify your landlord you cannot be refused coverage under Part 4 but you may have to compensate the landlord for any financial loss she/he has incurred because you did not notify him/her of your intention to remain in the tenancy.

In terms of having to sign a lease, no you do not have to sign a lease to stay on, but whether or not your landlord will require you to sign one in order to remain a tenant is a different story. He is within his rights IMO, correct me if I'm wrong?

pawnacide

John_Mc wrote: »

Hi,


I'm just wondering if we have to sign a new lease to stay in the house? We'd rather avoid this and keep it rolling.

Thanks in advance

You don't have to as all residential tenancies are covered by the provisions of the 2004 Residential tenancies act.
Decisions by the PTRB however mean that a lease can protect you if the landlord decides to sell the house. The buyer of the house must adhere to the terms of the lease which in the absence of a break clause gives you the right to remain in the house for the duration of the lease.

Tenancies governed by the 2004 act allow a Landlord to take possession of the house if he wants it for himself, a direct family member or if he wishes to sell.

Chances are the agent will want you to sign a new lease as he probably gets paid for it. If he does you'll have to sign one as it's unlikely he'll go back to the landlord and tell him you're staying on without a lease, it'll make him look bad.

If you're really against it maybe contact the Landlord himself, if he's familiar with the 2004 act he may be happy to let it run.

the_syco

If he wants you to sign another one, try to get him to drop the rent by fifty or a hundred per month; nothing to loose, much to gain.