Do I Have To Sign A New Tenancy Agreement?

FYI, I’m going to write this from the perspective of a tenant, but it should also give landlords an insight on their position.

Do I have to sign a new tenancy agreement?

In short, no.

No one can force anyone to sign a new tenancy agreement, although there are consequences to this decision, which should come as no surprise.

What happens if I [the tenant] don’t sign a new tenancy agreement?

If a new tenancy agreement is not signed after the fixed term expires – and you remain the occupant – the tenancy will automatically roll into a periodic tenancy.

What this essentially means is that the terms and conditions that applied during the fixed term tenancy still apply, the only difference now is that the tenancy is on a rolling contract, which is based on the frequency the rent was contracted to be paid.

For example, if rent is paid on a monthly basis (which is usually the case), the tenancy agreement will roll onto a monthly rolling contract.

As a landlord, I usually always let my fixed term tenancies roll into a periodic tenancy. I find it much more flexible for all parties involved. Never had an issue before.

Will the tenancy agreement automatically terminate if I don’t sign a new tenancy agreement?

Nope.

This is a common misconception.

I’ve kind of already answered this question previously, but I do want to make it clear that tenancy agreements don’t automatically terminate, they need to be actively terminated by either tenant or landlord following proper procedures.

To terminate a tenancy, a landlord or tenant needs to give proper notice (or come to a mutual agreement). If that does not happen, the tenancy will NOT automatically terminate after the fixed term expires, the tenancy will – as discussed – automatically roll onto a periodic tenancy.

To illustrate my point, if you have a fixed term tenancy agreement that expires on 24th March 2025, the landlord will not have grounds for automatic possession of the property on that date if they have NOT given you official written confirmation with at least two months notice.

I’ve written a separate blog post covering the different ways a tenancy can be terminated.

What happens if I [the tenant] don’t agree to the new terms of the tenancy agreement?

9 out of 10 times, this happens when there’s a proposed rent increase.

Basically, you feel the increase is unjust, and therefore you’re not prepared to sign the new tenancy agreement.

First and foremost, landlords are entitled to increase rent, but as per the Gov guidelines, it must be done the right way:

• your landlord must get your permission if they want to increase the rent by more than previously agreed
• the rent increase must be fair and realistic, which means in line with average local rents

If you feel you have a legit case for disputing the rent increase on unfair grounds, I’ve written a separate blog post on how to dispute rent increases.

In this case, I personally think the best approach is to first and foremost have an honest conversation with your landlord and see if it’s possible to negotiate the rate. Most decent landlords value good tenants, so they will do their best to keep them happy (of course, this is dependent on whether you and your landlord are reasonable humans on good terms).

If you’re reluctant to sign a new tenancy agreement for other reasons, I’d love to know why, so please leave a comment below.

Can I be evicted if I don’t sign a new tenancy agreement?

Unfortunately, yes.

But, actually, landlords do not need a reason to repossess their home after the fixed terms have expired (so the repossession won’t be exclusive to you refusing to sign the new tenancy agreement). They can serve a Section 21 “no-fault” possession notice. In other words, “the fixed term has expired, and now I [the landlord] would like my property back.”

If you don’t sign a new tenancy agreement, landlords can utilise Section 21 to terminate the tenancy after the fixed terms if they choose to (obviously, subject to appropriate notice period).

So if you’re after security, then signing a new tenancy agreement with fixed terms is one way to do it.

Hope this helps.

Oh, and BTW, please don’t forget to read my “I’m not a legal professional” disclaimer below :)

If you have any further questions, please feel to drop a comment and I’ll do my best to give you my thoughts.

Landlord out xo