Tennancy agreement renewal query

thehappycovv

Hi there,

The tennancy agreement on my flat is due for renewal. Or rather was last June and I've been happily paying the rent each month since. I received a phone call last week asking me to pop in to my letting agents and sign a new tenancy agreement (tieing me into the property for a further year) and pay an £80 fee. I asked what this £80 was for and I was curtly informed that I was signing a legal document and there was a fee for that.

My querey is this, do I HAVE to sign this new agreement? I'm considering moving soon anyway and is there anything to stop me politely declining to sign this new agreement? It's my understanding that legally I'm now on a rolling month-to-month contract and as such they can terminate this contract at any point with 2 months written notice. But frankly that seems the only disadvantage to it, otherwise all the advantages lie with the tennant?

It seems that they've been going through their tennancy agreements and checking for those that have now expired. A couple of my friends whose agreement expired around the same time last year also recieved a phone call from them asking for them to renew their agreement too.

So where do I stand from the point of view of the law? I'm heading in on Wednesday to talk with them so any legal terms to mention would be handy.

Many thanks
Gav

robpitt

No you don't have to agree to a renewal, your understanding is correct, the tenancy is already periodic. If for some reason they don't like that their only recourse is, upon the landlords instruction, to serve notice. Be firm, stress that you have no plans to move, are quite happy but that you refuse to commit to a new 12 month term.

clutton_2

the disadvantage of being on a periodic is that the LL can give the tenant 2 montsh notice at any time - but the tenant can give one months notice to the LL at any time

thehappycovv

Just one more question, in future if/when I move to a different flat and the agent ask me to sign a contract renewal before my tennancy is up do I need to sign it or can I just let the agreement expire and go on to a rolling contract?

Gwhiz

thehappycovv wrote: »

Just one more question, in future if/when I move to a different flat and the agent ask me to sign a contract renewal before my tennancy is up do I need to sign it or can I just let the agreement expire and go on to a rolling contract?

Depends on whether you want the security of another 6/12 months or are happy to go monthly. ALL AST agreements go monthly at the end of the term.

gotnodosh

Same thing has happened to me. They have sent me a form to fill out if I want to renew my AST which expires in June for another 6 months. But it actually expired and it went periodic in December last year. I dont really want to give the LA another £90 odd for doing nothing. Thing is, they are asking me if I want an AST with or without a break clause? If I said I wanted a break clause, what would that actually mean? Why would you have a break clause in a 6 month AST? I could understand it if it was for a year or so. So I am thinking of asking the LA for LL address and send him a letter direct to see if he is happy to continue on periodic.

Anybody got any ideas how best to approach this?

thehappycovv

Just got back from the letting agents and they were trying to convince me tat was my previous agreement had expired I had no contract for the property and thus HAD to sign a new agreement. I naturally declined. They said I needed to sign, again I said no and this continued for 5 minutes. He said that a periodic agreement was no good for his client because I could up and leave when I wanted (well, obviously it's less use for the landlord). He then said he'd phone their legal team, by all means go ahead was my reply. His stance changed when I mentioned my diagnosis with MS since moving into the property and a one year contract was of no use to me. Score one for my MS lol

Just to clarify (as I mentioned previously I've two friends going in tomorrow to "renew" their agreement) they don't need to sign anything? And contrary to what the letting agent was saying to me they DO have a contract for the property albeit a periodic one?

thanks again
Gav

Gwhiz

My 12 month is up for renewal on 12 June. I want to go monthly as I'll be moving away in September. I get a letter saying "as your AST ends in June you can go another 12 months, or 6 months or if you want to go monthly you have to pay £180 for re-referencing".

Oh - I think not. I just do nothing and I'm on what I want. Do these people think we're idiots!!! :rolleyes:

Gwhiz

gotnodosh wrote: »

Same thing has happened to me. They have sent me a form to fill out if I want to renew my AST which expires in June for another 6 months. But it actually expired and it went periodic in December last year. I dont really want to give the LA another £90 odd for doing nothing. Thing is, they are asking me if I want an AST with or without a break clause? If I said I wanted a break clause, what would that actually mean? Why would you have a break clause in a 6 month AST? I could understand it if it was for a year or so. So I am thinking of asking the LA for LL address and send him a letter direct to see if he is happy to continue on periodic.

Anybody got any ideas how best to approach this?

Just ignore the incompetent !!!!!!!

adg1

Gwhiz wrote: »

Depends on whether you want the security of another 6/12 months or are happy to go monthly. ALL AST agreements go monthly at the end of the term.

Indeed but that depends on how sharp the EA is. A tenancy that is coming to an end should automatically be remarketed by the EA if they unless the tenant wants to sign a contract extension for a set period. Another set period is what a LL would probably want for the security hence the remarketing etc.

Also, a renewal fee is pretty standard. Some charge more some less just another cost of renting.

gotnodosh

Sounds to me that LA are getting desperate for money. Unfortunately most tenants still fall for the "renewal fee".

I have been in my property for almost three years and have always renewed my contract until last December. Now thanks to MSE I have wised up to the LA's tactics!

My LA charges the same to my landlord for a "renewal" as to me. So why any LL would want to renew is beyond me if he is happy with his tenant.