Advice about our tenancy

[Markb03]

I need some advice please.

Our tenancy ran out on the 27th July 2015 and our landlord has not renewed it so therefore it becomes a rolling contract. When the tenancy was coming to a end in July I rang the landlord to negotiate a deal where by he does not raise the rent (He was planning to) and I would use that money to get the fence fixed in the garden (It has been in poor condition since before we moved in). I said to him I wanted the tenancy first so once we got the fence done he did not put the rent up and we had a guaranteed 6 months at the lower rent.

He did not provide this so I did not get the fence done. I am not chasing him for a new tenancy as I have done it in previous years and I am not doing it anymore. It is not my job. I am fed up of chasing him for stuff he should be doing.

Anyway he calls me today asking if I have done the fence I said no as I had not had a 6 month tenancy and he said he agreed to 6 months at the lower rent. I said that is no good to me as I needed a set contract to protect myself for any rises.

He then said that I had been paying the lower rent since July anyway to which I replied Yes as it changed to a rolling contract. He then said he expects the fence done.

He is coming tomorrow to give me a contract from July 2015 to Feb 2016 and a new one from Feb 2016 to July 2016.

Is he able to backtrack a tenancy? If not do you have a link that will back this up for me?

Also am I obliged to sign a new tenancy that would start in Feb 2016 as we are looking at moving away from him?

Many thanks for any help

[leclerc]

Re: Advice about our tenancy

Mark, I think the advice you are getting on Moneysavingexpert is sound. Am not sure other posters need to spoil the pot as it could possibly be contradictory.

[Openlaw15]

Re: Advice about our tenancy

I need some advice please.

Our tenancy ran out on the 27th July 2015 and our landlord has not renewed it so therefore it becomes a rolling contract. When the tenancy was coming to a end in July I rang the landlord to negotiate a deal where by he does not raise the rent (He was planning to) and I would use that money to get the fence fixed in the garden (It has been in poor condition since before we moved in). I said to him I wanted the tenancy first so once we got the fence done he did not put the rent up and we had a guaranteed 6 months at the lower rent.

He did not provide this so I did not get the fence done. I am not chasing him for a new tenancy as I have done it in previous years and I am not doing it anymore. It is not my job. I am fed up of chasing him for stuff he should be doing.

Anyway he calls me today asking if I have done the fence I said no as I had not had a 6 month tenancy and he said he agreed to 6 months at the lower rent. I said that is no good to me as I needed a set contract to protect myself for any rises.

He then said that I had been paying the lower rent since July anyway to which I replied Yes as it changed to a rolling contract. He then said he expects the fence done.

He is coming tomorrow to give me a contract from July 2015 to Feb 2016 and a new one from Feb 2016 to July 2016.

Is he able to backtrack a tenancy? If not do you have a link that will back this up for me?

Also am I obliged to sign a new tenancy that would start in Feb 2016 as we are looking at moving away from him?

Many thanks for any help

It depends how long the contract has been running for really. You may have an Assured Tenancy Agreement, if so landlord must give you 2 months' notice to evict you. It is called contract for a reason.. ie offer, acceptance and commercial intention, and consideration (ie money for use of the property). What this means the offer must be current and not in the past, as for the acceptance - as for the consideration, as for the commercial intention. The landlord can make the offer tomorrow for a contract starting tomorrow or after, and the same for your acceptance. You do not need to sign for the one commencing February 2016 tomorrow if you don't want to. Your landlord will probably try and evict you if you do not. However, you could take him to court over it as the contract is quite absurd...for a retrospective (back-dated) contract term.


A contract cannot be made in retrospect...I think this would have to be an illegal contract.