Lease about to expire, our rights?

Iristxo

Hi guys

My one-year lease expires on the 18th of october. This is our second consecutive one-year lease in the same place meaning that we have been in this place for nearly two years now. About a week ago (so 3 weeks before lease expiring) landlord mentioned in passing that they might get some valuations for the house (with a view of selling of course). No word since then. My questions are: we have been here for two years, initially with a one-year lease extended for another year. Are we due one month notice or two? Or, if they don't renew our lease on time must we interpret that he wants us out by the end of this year's lease on the 18th of october?

Btw, we never had any hassle with them, he has been a grand landlord and of course he's happy with us as tennants. Not that that has anything to do with our legal entitlements.

Thanks in advance.

BanjoKelly

Sounds like you would be due 56 days notice (once you are between 2 and 3 years in situ) if the landlord was actually going ahead and selling the house.

Length of tenancy Notice by landlord
Less than 6 months 4 weeks (28 days)
6 months to 1 year 5 weeks (35 days)
1 – 2 years 6 weeks (42 days)
2 – 3 years 8 weeks (56 days)
3 – 4 years 12 weeks (84 days)
4 years or more 16 weeks (112 days)

TheBandicoot

Iristxo wrote: »

Or, if they don't renew our lease on time must we interpret that he wants us out by the end of this year's lease on the 18th of october?

No, you would still be covered by a part 4 tenancy regardless and can stay in the property. The disadvantage would be you would lose some security- you or the landlord could end the tenancy at any time for any reason with the notice posted by another user.

Also note, you are under no obligation to sign a new lease at this stage if you do not want to, and the landlord cannot make you. Signing the lease 'guarantees' you a fixed term, so say you sign a new lease end of this month, the landlord actually cannot tell you to leave in Janurary when he wants to sells the house - you have a fixed term until next October.

In the circumstances I would say you are best not signing any more leases and sticking to part 4- that makes it the least hassle for all involved if the landlord wants to sell and you are happy to vacate with 56 days notice. If you would rather however have a 'guaranteed' year, sign a new lease.

What are the odds the landlord has any idea of this though He will probably get you to sign a new lease, then get himself stuck with you for a year unable to sell because he didn't realise what the fixed term lease entails.

Marcusm

TheBandicoot wrote: »

No, you would still be covered by a part 4 tenancy regardless and can stay in the property. The disadvantage would be you would lose some security- you or the landlord could end the tenancy at any time for any reason with the notice posted by another user.

Also note, you are under no obligation to sign a new lease at this stage if you do not want to, and the landlord cannot make you. Signing the lease 'guarantees' you a fixed term, so say you sign a new lease end of this month, the landlord actually cannot tell you to leave in Janurary when he wants to sells the house - you have a fixed term until next October.

In the circumstances I would say you are best not signing any more leases and sticking to part 4- that makes it the least hassle for all involved if the landlord wants to sell and you are happy to vacate with 56 days notice. If you would rather however have a 'guaranteed' year, sign a new lease.

What are the odds the landlord has any idea of this though He will probably get you to sign a new lease, then get himself stuck with you for a year unable to sell because he didn't realise what the fixed term lease entails.

Unfortunately, this is misleading. While the tenant is entitled to give notice at any time under a part 4, the landlord is restricted to the specified statutory reasons (sale, substantial refurbishment, occupation by landlord or close family member, uninhabitable conditions).

TheBandicoot

Oh, apologies then, I wasn't sure on that point myself. I think the rest of my post stands though.