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Do I have to sign a new tenancy when I may need to move out a short notice?

This post is more than 8 years old

July 18, 2017 by Tessa Shepperson

HouseThis is a question to the blog clinic from Alex who is a tenant.

I have had a rolling private annual assured shorthold tenancy for the past seven years. Recently, due to a rental increase I have been offered a shorter lease.

Also the local council have agreed to house me. But on accepting a property from them, which could happen anytime, I am then expected to move in straight away.

Which means that I’ll be paying rent on two properties. Additionally, I’ve just read, that I have to pay council tax until the former lease expires.

Is there any way around this predicament?

Answer

The obvious answer is not to sign the new tenancy agreement on your current property.

If you stay on the rolling tenancy (called a ‘periodic’ tenancy) then you just have to give one month’s notice – assuming you are paying rent monthly.

However if you sign the new tenancy and then the Council offer you a place, as you say you will have to pay rent on two places until the tenancy fixed term runs out.

You don’t HAVE to sign a new tenancy- I suspect all your landlord is interested in is getting the new rent.

If your landlord threatens to evict you if you don’t pay the new rent, offer to pay it but say you prefer not to sign the fixed term tenancy and keep it on a rolling basis.

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Filed Under: Clinic

Notes:

Please check the date of the post - remember, if it is an old post, the law may have changed since it was written.

You should always get independent legal advice before taking any action.

Reader Interactions

Please read our terms of use and comments policy. Comments close after three months

Comments

  1. Michael Barnes says

    August 2, 2017 at 2:27 pm

    An alternative, if the landlord wants to update terms in the contract, would be to have a 1-month initial term and 1-month notice period.

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Please, when reading, always check the date of the post. Be careful about reading older posts as the law may have changed since they were written.

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