Landlord pressuring to sign for another 12 months

Gloomy_Past_Bright_Future

We have lived in our current rented propery for 12 months and wanted to continue on a rolling periodic tennancy.

We are good tennants, since we have been in the house, we have our own company and have completed maintenance work to the value of about £5,000, as it was quicker to get it done ourselves than wait for anyone else. We have made the landlord aware of all repairs that have been done.

However as rents have declined in the area rapidly our landlord is now hassling us to sign for another 12 months and has said it is in our best interests to do so then "they can't put the rent up":rotfl::rotfl:

Quite comical really when we can rent a very similar house for about £200 per month less.

We are not desperate to move, but do want to buy our own house, have a substantial deposit saved and a mortgage in place, we are just sitting waiting for the right house to come along.

What right does the landlord have to make us sign this new agreement, it is getting to the stage now where the landlord and the LA is ringing up at least twice a day, and it becoming harassment!!

McKneff

they dont have any rights at all to pressurize you.
Tell them to stop contacting you by telephone.

Gloomy_Past_Bright_Future

Easier said than done!

Under my last 12 month agreement I was required to give 2 months notice, which they have carried over to this new agreement that they have sent us.

If we were to go onto a rolling periodic tennancy would I still be required to give 2 months notice or would this reduce to 1 month notice? ( I am looking for an excuse not to sign it!):rolleyes:

Planner

Gloomy_Past_Bright_Future wrote: »

Easier said than done!

Under my last 12 month agreement I was required to give 2 months notice, which they have carried over to this new agreement that they have sent us.

If we were to go onto a rolling periodic tennancy would I still be required to give 2 months notice or would this reduce to 1 month notice? ( I am looking for an excuse not to sign it!):rolleyes:

Assuming property is in England/Wales and your on an AST (Assured Shorthold Tenancy);

Any contract term requiring you to give ANY notice to leave at the end of the fixed term is unenforceable. You can upsticks and leave on the last day without any notice (although its polite to do so).

Once a statutory periodic has arrisen (if you dont sign another contract) your requirement is one full calander months notice ending on the same date in the month the fixed term ended and your landlord has to give you at least 2 months notice. Check you already havent been served a s.21 when you signed you agreement.

p00hsticks

Gloomy_Past_Bright_Future wrote: »

Under my last 12 month agreement I was required to give 2 months notice, which they have carried over to this new agreement that they have sent us.

I don't understand (but then I'm not an expert...)

I thought that you had to stay for the duration of a fixed term agreement - you couldn't just give notice to leave early, and you didn't have to give any notice at the end of the agreement if you didn't want to stay on.

so what is this two months notice period for ?

Gloomy_Past_Bright_Future

p00hsticks wrote: »

I don't understand (but then I'm not an expert...)

I thought that you had to stay for the duration of a fixed term agreement - you couldn't just give notice to leave early, and you didn't have to give any notice at the end of the agreement if you didn't want to stay on.

so what is this two months notice period for ?

I suppose its not really clear I will reword it..

We took over the tennancy in May last year, and signed for 12 months, our period of notice was 2 months, so therefore if we wanted to leave at the end of the 12 months we had to give our notice on month 10.

They have basically reissued a new tennancy agreement again for another 12 months and again with a 2 month notice period, so if we wanted to leave we give our notice on month 10.

We don't want to tie ourselves in this house for another 12 months, and in an ideal world just wanted to go onto a rolling tennancy (is that a AST), and be able to just give one months notice if we wanted to leave..

As I thought that was pretty standard after your fixed term tennancy had finished (ie our 12 month sentence was up!)

adg1

Moving onto a Periodic is, from a LL POV not ideal. He wants another guaranteed income for 12 months. You however want flexibility to move on.

You don't have to sign a new agreement, but the LL can offer notice for you to leave and find a new tenant hence getting his guaranteed income for 12 months. You have been great tenants so far, but from his POV he wants long term security.

Ask for a 12 month contract with a mutual break clause at 6 months. He gets the chance of upto another 12 months with you as tenants, you get teh flexibility of being able to leave in 6 months (or thereafter with 2 months notice.

Personally, I would go find a comparable house for less rent and do a 12 month contract with a 6 month break.

No LL has to let a tenancy go periodic. They can offer notice for the tenant to quit the property with the notice listed in the contract and find a new tenant.

My thoughts on this are to ask for a rent reduction in line with the market place, ask for a break clause at 6 months and see what he says. If he offers you notice to leave find a new house and get that flexibility you want.

Hope that helps!

franklee

adg1 wrote: »

Moving onto a Periodic is, from a LL POV not ideal. He wants another guaranteed income for 12 months. You however want flexibility to move on.

You don't have to sign a new agreement, but the LL can offer notice for you to leave and find a new tenant hence getting his guaranteed income for 12 months. You have been great tenants so far, but from his POV he wants long term security.

Ask for a 12 month contract with a mutual break clause at 6 months. He gets the chance of upto another 12 months with you as tenants, you get teh flexibility of being able to leave in 6 months (or thereafter with 2 months notice.

Personally, I would go find a comparable house for less rent and do a 12 month contract with a 6 month break.

No LL has to let a tenancy go periodic. They can offer notice for the tenant to quit the property with the notice listed in the contract and find a new tenant.

My thoughts on this are to ask for a rent reduction in line with the market place, ask for a break clause at 6 months and see what he says. If he offers you notice to leave find a new house and get that flexibility you want.

Hope that helps!

Giving a good tenant notice just because they want a periodic tenancy is bonkers and I don't think any right thinking landlord would do it. If the landlord wants the highest income then the best thing he can do in the current market is to retain the current proven tenant. Kicking them out for an unknown tenant with an unknown void is the way to reduce the landlord's income!

Geenie

You mention a hassling LA, so I would imagine they are looking to get a nice sum of money out of you as well by signing a new AST, when it could just roll on.

I think this LL is being very silly, and my advise would be to give notice and find somewhere else. It may shock them into giving you 6 months just to keep you if they have any sense, but if not you are well out of it. To tie yourself into another year if you are going to possibly want to buy within that time makes no sense. Have you told them you are looking to buy in the future?

Gloomy_Past_Bright_Future

Geenie:-

Yes, we have been really honest with them from the start, said we would be happy to sign for a year but we are looking to buy after that.

It is so annoying we have replastered and redecorated walls, when the curtain rail came crashing down as it was only held in with wood screws on lining board!!, we had a small electric fire and have rewired the kitchen and heating system, as the wiring was dangerous, with nothing being earthed, (hence the fire!) decked the garden with full patio area. The rent has never been late.

So as you can see being a good tennant does not mean you get treated well in return!

I know they are under pressure, they only bought their houses over the last 4 years, and gone are the porsche and BMW they first turned up in, but that is not my fault!!

We don't want to move we have two kids and another on the way, so moving and taking on a tennancy for 6 months before buying our own house, is not ideal we just wanted to go on a rolling tennancy then if we see somewhere we like we are in a good position to buy. It may take 2 months it may take 2 years, who knows??, we just don't want the restriction.

Pee

You want to be able to move out at a months notice and not surprisingly your landlord would like a longer commitment from you. If you don't like it, move out and let him find another tenant, if he can, who better suits that plan.

You aren't really a good tenant, you are planning to move out leaving a rental void... I can see why you want to do this, but I can also see why the landlord doesn't. Could you compromise and agree six months?