united-kingdom rental-property
Can a landlord break a fixed term contract before it becomes a monthly basis, without giving notice?
<p>I have a rental agreement with my landlord with a fixed period of 1 year. It states in the contract that this will automatically become a month by month basis, subject to cancellation under the same clauses that the fixed period was under, after the 1 year period is up. These cancellation clauses state that either side must give a certain amount of notice before cancelling the agreement.</p>

<p>I've been informed by the company that handles my property that they want another fixed contract rather than letting the contract become a month by month one. They've heavily implied I have no options other than to comply and sign a new fixed term agreement, and that the contract will not become a month by month one. I can't see anything that gives either side the option of cancelling this provision, so I'm not sure if legally they can do this. I don't want to sign up for another full year.</p>

<p>Are they allowed to do this?</p>

<p>Assuming that you have an assured shorthold tenancy, <a href="http://england.shelter.org.uk/get_advice/private_renting/ending_a_tenancy/renewing_your_private_tenancy" rel="nofollow">it will automatically become a "rolling" tenancy</a> (formally, a statutory periodic tenancy) when the fixed term expires, unless a new tenancy agreement is signed.</p>

<p>You are not obliged to sign a new agreement, and the landlord can't force you to. If you do nothing, you will have a rolling tenancy. If the landlord isn't happy with that, his only option is to <a href="http://england.shelter.org.uk/get_advice/eviction/eviction_of_private_tenants/eviction_with_a_section_21_notice" rel="nofollow">serve a section 21 notice</a> to request that you leave.</p>

<p>(Incidentally, notice periods are governed by law, and so any cancellation clauses cannot "<a href="http://www.landlordlawblog.co.uk/2012/11/21/contractual-periodic-tenancy-question/" rel="nofollow">take away a right a tenant might otherwise have had</a>". The default is that the landlord must give 2 months' notice, and the tenant one month.)</p>

<p>Since the contract becomes a month-to-month lease automatically, preventing this from happening would require cancelling the contract. If the contract stipulates that they must provide you appropriate notice to cancel the contract, then that's what they must do.</p>

<p>I would suggest you ask them explicitly whether they wish to cancel the contract or not. Heavily imply that they have no other options other than to cancel the contract or not cancel the contract.</p>
