Lease coming to end but no contact from Letting Agency

SomeDude

Hi All,

My lease is ending on May 22nd. I started renting the property in November 2012 and signed a new 6 month lease in November 2013.

I would like to continue renting the property, however I have not received any communication from the letting agency. I presume they are under no obligation to contact me? And also as I signed the lease, it is presumed that I will vacate the property on May 22nd?

Sorry, fairly new to renting! Any opinions appreciated.

Thanks

No Pants

I think you automatically move onto what is called a Part Four tenancy. You do not need to sign a new lease. However, if more than twelve months have passed since the last rent review, I would not expect the rent to remain static. However, the landlord/agency has to give proper notice of a rent increase, it does not happen automatically.

SomeDude

Thanks. I haven't been given a written notice of termination yet. Therefore I presume that I just move into a rolling contract at the same rent rate?? This is what I found on the citizesnsinformation site:


"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. You can use this sample letter of notification to remain in the property under Part 4.

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."

odds_on

If a tenant is vacating a property at the end of a fixed term lease (for any period), the tenant does not have to give any notice of leaving (though it is polite to do so and will also facilitate the return of the tenant's deposit in a timely fashion.

A tenant who has been living in a property for more than 6 months automatically gains the right to remain in that property for a total of 4 years without signing any new lease. This is called a Part 4 tenancy.

However, a Part 4 tenancy is less secure than a fixed term as a landlord may terminate the tenancy (giving a reason and the approoriate notice period in writing). A landlord is limited to six reasons he may use (for example, if he wants the property for his own use or if he wants to sell the property) most of which come with certain criteria which, if not adhered to, the ex tenant could make a claim with the PRTB for damages.

For a tenant, the great advantage of a Part 4 tenancy is that should he wish to leave, he only has to give the correct amount of notice (in writing) and vacate. he does not have to find a replacement tenant and he is entitled to his deposit to be returned in full (excepting any damage etc).

Very often, an estate agent will try to insist that a tenant signs a new fixed term lease but if the tenant feels that the advantages of a Part 4 outweigh the those of a fixed term, there is no need to sign a new fixed term agreement.

The great disadvantage of a fixed term agreement is that the tenant is more-or-less tied into it for the full term. However, a tenant may legally break a fixed term agreement by an assignment of the lease. To do this, the tenant must find a suitable replacement tenant (at his own cost, advertizing etc). Until the replacement tenant is in place, the tenant is liable for the rent. If the tenant fails to find a replacement, he is liable to forfeit part, if not all of his deposit.

The choice is yours - a new fixed term or a Part 4 tenancy.

SomeDude

Thanks for that detail. Based on my current circumstances a part 4 tenancy would suit me. Would it be safe to assume then, that as I have not been given written notice of termination (even though I have a 6 month lease ending on May 22nd) and that I have been living in the property for over a year, that I have effectively entered a part 4 tenancy?

Would it be wise for me to notify the letting agency of my intention to stay?

odds_on

SomeDude wrote: »

Thanks for that detail. Based on my current circumstances a part 4 tenancy would suit me. Would it be safe to assume then, that as I have not been given written notice of termination (even though I have a 6 month lease ending on May 22nd) and that I have been living in the property for over a year, that I have effectively entered a part 4 tenancy?

Would it be wise for me to notify the letting agency of my intention to stay?

You are fully entitled to remain, this is a legal right. The landlord/agent may only evict you using one or more of the six grounds available (plus breach of obligations).

If you have not advised the landlord/agent that you will be staying, as you have found out, that does negate your rights. However, you could be liable for any vouched expenses the landlord may have had in attempting to find a new tenant (advertising, agents fees etc).

You should advise the landlord/agent that you will be staying - they may also want to just check that the property is still in good condition (excepting normal wear and tear.

SomeDude

Thanks. So, if I would prefer a fixed term lease do I just ask the letting agency to draw one up? I would be a bit reluctant to ask them to do this as they might take that as an opportunity to increase the rent. However, if I were to get another fixed term contract I think it would be fairly easy to find a replacement tenant should I wish to vacate the property early.

Graces7

SomeDude wrote: »

Thanks. So, if I would prefer a fixed term lease do I just ask the letting agency to draw one up? I would be a bit reluctant to ask them to do this as they might take that as an opportunity to increase the rent. However, if I were to get another fixed term contract I think it would be fairly easy to find a replacement tenant should I wish to vacate the property early.

when my fixed term lease ended, i waited a while then emailed the agent who asked if i wanted a new lease. replied yes but never heard back then learned re part 4. sounded fine to me so left it at that.

odds_on

SomeDude wrote: »

Thanks. So, if I would prefer a fixed term lease do I just ask the letting agency to draw one up? I would be a bit reluctant to ask them to do this as they might take that as an opportunity to increase the rent. However, if I were to get another fixed term contract I think it would be fairly easy to find a replacement tenant should I wish to vacate the property early.

As I said, it is entirely up to you as to which type of lease you want to go for.
The fixed term gives you more security of tenure - the landlord may only evict you if you are in breach of your obligations. But it is more difficult to get out of and you could lose some or all of your deposit for breaking ther lease. There is no notice period by you are liable for the rent until a replacement tenant takes over your lease obligations.

Part 4 offers less security but you are able to leave at any time by giving the correct amount of notice (in writing) - for a tenant that has been on occupation for between 1 and 2 years, the notice period is 42 days.

A sudden change in personal circumstances may affect where you want to live or can afford. Loss of job, your work moves you to another town (or even country), a death in a family, unruly neighbours move in next door etc.

SomeDude

Thanks all for your comments and advise.