Fixed Term Lease Ending - Options?

Marklark

Hi all,

I have a one year lease ending next month, which I would like to renew. I contacted the landlord a couple of times about renewing but didn't hear back, then yesterday got a text saying from the LL to say he is reviewing everything next month and will give me a call then. My lease is up at the start of the month so will likely have expired at the stage he decides to call.

I am fearful he will put up the rent, and just wondering what are the best options - if I just wait on him to contact me and it is after the lease expiry date, am I in a part 4 tenancy? Does this prevent him putting up the rent for 12 months or can he still put it up when he likes?

I'm wondering whether I should try get him to make a decision soon, or would I be better off waiting and hoping to get into part 4 tenancy.

Thanks for any replies.

Kevin

djimi

It makes no difference really, unless you want to know where you stand now so that you can move by the end of the fixed term lease.

Rent can be reviewed once in a 12 month period, so if the landlord is of a mind to review the rent then they will do so in a months time, whether you sign a further lease or you enter into a part 4 tenancy.

The_Conductor

If you intend to continue the tenancy- you have to advise the landlord that you intend to continue the tenancy- otherwise any costs the landlord may incur in seeking new tenants will fall back on you.

Regarding Part 4 or fixed term lease- you have already sought a fixed term lease from the landlord- he/she could deny you this- however then you'd automatically flip to a Part 4 tenancy- which may actually be more favourable to you.

Regarding a rent-rise- the landlord is entitled to review the rent once every 12 months, and revise it, subject to prevailing rental conditions. These are not the rents published on the PRTB website- they are what the landlord might achieve were he/she to rent the dwelling to another party. You could dispute any potential increase- by drawing on what similar residences in the area are achieving- but so too could the landlord (and if you did dispute it- and lost the case- the increase would be back dated to when the landlord notified you of its implementation date).

You are probably going to get a rent increase, come what may- be prepared for it. Don't get too hung up over being out of lease for a month (or however long)- you're covered under Part 4 in any event.

Marklark

Thanks for the responses. I have informed the landlord I wish to extend the lease.

I was hoping (knew it was likely unrealistic) that once a Part 4 tenancy began, the landlord may have to stick with that rent for 12 months, but obviously this isn't the case.

I am prepared for an increase but hope it's not too dramatic. Any idea what would happen if the landlord decided 2 days (for example) before the fixed term ended that he wanted to up the rent to a level unacceptable to me? Would I have to get out of the apartment straight away? Or would I have any rights to remain for a period of time? This is really what will dictate whether I push him to make a decision earlier or just let him take his time!

The_Conductor

He has to give you notice of the rent increase- and when the increase would apply from. You are free to either enter into negotiations with him about a smaller increase- and if that fails- to give your notice. There may be a few weeks of an overlap where the higher rent is due- depending on notice periods etc- however that would be the extent of it.

Normally in situations like this- you'd enter into negotiation with the landlord- in the knowledge your rent is going up- but trying to minimize the extent of the increase.

Before you refuse the higher rent- see what your other options are- rents have shot up over the last year- even if its a sizable increase in rent, it could still be less than it might cost you to rent elsewhere- be careful!!!