Landlord won't let us go into rolling tenancy after 12months

G_M

I agree with all the above.
Either discuss with the LL direct (he may not even be aware!?), or just do nothing. If you simply don't sign, then the day after your fixed term expires you have an automatic periodic tenancy (at the original rent as you say).

the LL then has to choose:
a) give you 2 months notice, risk a protracted eviction via the courts, lose several months rent before new tenants are in place, pay re-marketing costs etc.... and deal with the stress/uncertainty/agravation
b) issue a rent increase notice and leave you on a periodic tenancy
c) do nothing and leave you on a periodic tenancy

I know which I'd choose as a Landlord!

AnnaV

Thanks everyone. I think we will go down the :whistle: route.

It's one of the reasons I want to buy, I am so sick of renting and bloody EAs and bloody LLs (sorry to any decent LLs out there - we have had some good ones too).

Realise the whole buying process is more harrowing but at least it will be over and done with for a few years.

(And I'll be able to put shelves up! )

AnnaV

gnimia wrote: »

Not sure about this - my mortgage company asked for LL's contact details for a reference (though I'm not sure they ever got/asked for it)
Good luck with the rest though!

Perhaps, but they would still have to be truthful or risk being sued, and they would have to say we paid our rent on time etc, which I'm sure is what the mortgage companies would be most interested in.

AnnaV

G_M wrote: »

I agree with all the above.
Either discuss with the LL direct (he may not even be aware!?), or just do nothing. If you simply don't sign, then the day after your fixed term expires you have an automatic periodic tenancy (at the original rent as you say).

the LL then has to choose:
a) give you 2 months notice, risk a protracted eviction via the courts, lose several months rent before new tenants are in place, pay re-marketing costs etc.... and deal with the stress/uncertainty/agravation
b) issue a rent increase notice and leave you on a periodic tenancy
c) do nothing and leave you on a periodic tenancy

I know which I'd choose as a Landlord!

Thanks. The other thing is that if a LL wants to do viewings at the end of a tenancy he/she ought to be nice as there is no legal right - after all, tenant is paying for the lease so can give access to whomever they wish. So LLs seem to forget that!

dlk

You don't live in a studenty area by any chance do you? Where I lived until last year and where two of my properties are, it's the main student area of Leeds where virtually all tenancies run from 1st July to 30th June.
The letting agencies all do fixed term one year contracts as if you moved out in November for example they would have already missed the merry-go-round of students all moving that day.

AnnaV

No, fully commuter, residential suburb of London, very few students round here at all, mainly young families.

getmore4less

AnnaV wrote: »

Can't imagine they would evict us? Would cost them money, take time and they'd be left with no tenants and no guarantee about it ending in July anyway.

Apparently it's because the contract for the house they are in, for which they have just renewed for another 12 months, ends in July (they live abroad).

Perfectly reasonable and very likely the case if they do live abroad.

Their problem not yours.

AnnaV

Right, just had an email from the EA saying that if we don't get back to them with a decision tomorrow am the LL is going to issue notice to leave

poppysarah

Let them!

Do they think it's free to find a new tenant (I guess they scr*w fees out of new tenants too)

So rather than have you on a rolling tenancy they're prepared for a void? Insane.

Jowo_2

Shame.

It's up to you to push back on access to the property in that 2 month period if the agent/landlord notifies you about viewings from prospective tenants. 'Quiet enjoyment' is enshrined as a right for tenants, therefore landlords are not supposed to enter the property for any reason other than an emergency without giving notice and receiving permission from the tenant.

So you can be bloody minded back if you wish and notify the agent that you will not permit any viewings during your tenancy (so long as you don't need a reference for the next landlord...). Change the barrel of lock if they ignore this. Change it back at the end of the tenancy.

You can also stay put after the notice expires to force the landlord to take you to court to gain a possession notice. Could take them a month or two to get a court date after the expiration of the notice, then the judge can give a few weeks longer before the possession order takes effect, plus a tenant can request a longer one. See the Shelter website for full information on the full legal process.