Tricky Situation

[JoeF2k2]

I am currently renting a property and last week gave my notice to move out but since then things have changed, my partner lost her job so we are now struggling to get a deposit together and looking for new work for her is proving difficult at present.

First question is, can i withdraw my notice? the tenancy ends on 30th July.

Second is, would it be possible to arrange a month to month tenancy with the agent? or are they likely to refuse this.

 

[stealther]

You never really can tell on how the landlord will react. I wouldt tell them your partner lost their job.
If you still want to move I would just try delaying both parties until you can get deposit together.

Were in the process of moving out this week because my landlord wants the house back at some point this summer and wanted us to go to a 2 month rolling contract. I didnt want to have it hanging over us so we decided to go now.

 

[Member 55145]

are you near a deposit? possibly go for a higher rate?

also not sounding off but can she hold a stable job? was this unemployment completely unexpected?

it took me years in my current job before i had the balls to commit to buying a house. no way i would buy a house if i didnt feel secure in my job and that the mortgage could be paid with one persons wage.

as for staying in your current property, im sure it wont be a problem as its less hassle for the landlord. however you may want to consider a different place as your current one obviously isnt ticking all the boxes

 

[IronGiant]

They're not trying to buy a house JP...

 

[Member 55145]

They're not trying to buy a house JP...

ok just figured when he said a deposit....

 

[JoeF2k2]

As stated we are not trying to buy, i dont think its right for us yet. We are looking at moving due to the house being very cold due to being an old building and other factors have also gotten to us.

We do want to move but obvisouly have other bills to pay which we cant just drop and not pay and with her losing her job, i cant pay all our bills and get the money for a deposit, i can but not in time hence why im thinkin of a month to month basis, baring in mind minimun would be 2 months we were there.

 

[RichardK]

If your tenancy is an assured shorthold tenancy then it will automatically go onto a periodic tenancy at the end of the fixed period. This will be on a monthly basis, and the Landlord cannot do anything to prevent this happening if that is what you want.

Currently in some areas the rental market is saturated, and if that is the case where you are then the landlord will probably be very happy for you to withdraw your notice as that means they will avoid a possibly long void period and the extra expense involved in finding a new tenant.

If you'd like to stay longer look at what current rental rates are for similar properties in the area, and then use that as a lever to get the landlord to sign a new agreement with a lower rent. That is exactly what happened in one of the properties I own, and even with the lower rent it still cost me less than it would have to get a new tenant in, with the added benefit of knowing I had a good tenant.

 

[JoeF2k2]

So if i asked the landlord/agent if i can stay on, on a month to month basis and they declined, its perfectly legal for me to turn around to them and point out that it will automatically go to a periodic tenancy and i would like to stay on a month to month basis?

 

[RichardK]

So if i asked the landlord/agent if i can stay on, on a month to month basis and they declined, its perfectly legal for me to turn around to them and point out that it will automatically go to a periodic tenancy and i would like to stay on a month to month basis?

The way the law is you don't have to ask, if you don't give notice that you wish to end the tenancy it will automatically go periodic. The landlord may prefer to issue you with a new tenancy agreement, but cannot force you to take one.

I forgot to mention in my previous post that once periodic the landlord can give you notice to quit, which is usually two months, so you don't have the same security as you'd have if you got a new tenancy agreement.

 

[JoeF2k2]

So does this still apply if i give my notice? or do i now need to speak to the landlord which i intend to do anyway

 

[RichardK]

So does this still apply if i give my notice? or do i now need to speak to the landlord which i intend to do anyway

If the landlord has accepted your notice but agrees to you withdrawing it then it would apply. But the landlord is of course entitled to not allow you to withdraw your notice, and can require you to sign a new agreement to continue living there.

It's worth looking at the forums on LandlordZONE Property Forums to see if this has been covered there.

 

[ROBIN50N]

to be honest, if you was good tennents i think they will be glad that they dont have to find some new tennants.

 

[JoeF2k2]

to be honest, if you was good tennents i think they will be glad that they dont have to find some new tennants.

Well we have had no issues with the agent/landlady compared to our last property. Does this email seem okay?

Hi Tony,

Currently renting property ........... Road, ......... Lever and not
long ago sent in our noitce to move out on the 30th July 2009. I am
wondering if it is possible to retract this notice as we are
experiencing difficulties in getting another lump sum for the deposit
on our new place. As i stated in the previous emails, the reason we
are wanting to move is because Charlene has a new job and its a
substancial distance and because she is not driving its costing alot
of money in buses/trains where as if we move its going to be alot
easier for us. As tenants we have had no issues with the property and
also no issues with Northwood.

I am wondering if on our behalf you can explain this to the landlady
and ask if its possible for us to stay on a month to month basis,
known as a periodic tenancy i believe. Obviosuly we would abide by all
rules in the contract and give the required notice of 1 month. Which
if the case would allow us a further 2 months in the property. I
understand this is maybe a strange thing to ask but if you can let me
know or maybe come to an arrangement i would be grateful as the last
thing we want is to be kicked out and have no where to live.

Thanks

Joe Fisher

 

[JoeF2k2]

Reply from the agent, talk about being quick....

Hi Joe

Thanks for your email, that's no problem and we shall run you on a periodic tenancy until further notice from yourselves.

Hope that's ok for you

Best regards
Tony

 

[ROBIN50N]

id take the address off or blank it out for on here.

 

[ROBIN50N]

id just print off that reply so you have it writing if anything went wrong.