Letting agent has not confirmed renewal

aldredd

Hello,

I got a letter from my letting agent a few weeks back reminding me that my 1 year Assured Shorthold Tenancy was up for renewal, and that they needed a response back by 11st August (1 month before it expires) along with my £95 'contract negotiation fee'

I wrote to them a couple of weeks ago that I did indeed want to extend the tenancy for another 12 months, but didn't feel £95 was justified, considering that they have not negotiated anything, and we have been great tenants (words to that effect anyway), and asked if they would consider a less amount - I pointed out that we have a 6 month old baby, and that £95 is a lot of money at the moment (which it is).

Stupidly, perhaps, I didn't send recorded as I was in a hurry, and the queue was horrific - but I haven't had a reply. My instinct is that if they hadn't received the letter, they would have chased me for an answer by now, as they were doing that within days of sending the notification (at which point I indicated I probably would continue).

So, a few questions.
1) Can they claim they didn't receive the letter and try and kick us out at the end of the tenancy (or with 1 month etc)?
2) If I hear nothing from them, am I allowed to assume they received my letter, and am extending for 12 months?
3) If I don't hear from them other than receiving a new contract to sign, am I allowed to assume they accept my 'terms of renewal' and won't be able to charge the fee?

Thanks for your help!

casper_g

If you don't hear anything from them, the default position is that your fixed term AST becomes a "statutory period tenancy" with the same conditions as your old contract except that the tenancy can be ended by either you or the landlord giving notice (2 months for the landlord, one month for you, to coincide -- I think -- with the date on which the tenancy originally started).

theartfullodger

If "they" (Letting Agent or Landlord) want there to be a new tenancy then "they" can d**n well pay. Dunno why more tenants don't just say "Thanks, I'll go on to month-by-month periodic & save you some trouble Mr Agent"...

Cheers!

Lodger

Vincenzo

theartfullodger wrote: »

If "they" (Letting Agent or Landlord) want there to be a new tenancy then "they" can d**n well pay. Dunno why more tenants don't just say "Thanks, I'll go on to month-by-month periodic & save you some trouble Mr Agent"...

Cheers!

Lodger

Some tenants may want the security of a further fixed term.

This is what happened with a tenant of mine. The agent sent out the usual letters re renewal, I (as Landlord) told them and the tenant I did not wish to pay to renew the fixed term and was happy to allow the tenancy to run periodically. The tenant insisted on a further 6 months fixed term and paid the fees.

aldredd

I would fairly happily go onto a monthly periodic, but don't think the LA allow it - it certainly wasn't an option on the renewal form, and I worry that they will just issue me my 2 months notice.
If I was allowed to speak to the LL, and she was happy for me to stay on monthly, I'd do it, but have no way of contacting her directly (her 'nominated address' in the contract is the LA address)

aldredd

casper_g wrote: »

If you don't hear anything from them, the default position is that your fixed term AST becomes a "statutory period tenancy" with the same conditions as your old contract except that the tenancy can be ended by either you or the landlord giving notice (2 months for the landlord, one month for you, to coincide -- I think -- with the date on which the tenancy originally started).

Really helpful, thanks.

So as of tomorrow/Thursday, if I 'refuse' to pay the fee, they can in theory give me 2 months notice effective from my current contract end date? So 11th November?

ceh209

LAs often 'don't allow it' because then they don't get more fees...

If no one says anything, you don't sign another contract, then yes if you stay one day over the expiry of your fixed term, the LL has to give you 2 months notice to leave coinciding with a rental period.

It's worth noting that by staying over the fixed term, you effectively get 3 months, as (e.g.) if your fixed term expires on 11th August (which you've made it sound like it does) and they don't serve you notice by then, they can't do it to be valid by 10th Oct as that isn't 2 full months, it would be 10th November.

If you want to leave after your fixed term, you have to give them one full month's notice to coincide with a rental period.

Vincenzo

It is highly unlikely they will serve notice on you just because you do not wish to renew the fixed term contract. This could be highly detrimental to the Landlord.

Tell the agent (in writing if need be) that you are happy for your tenancy to run to a periodic one and that you are happy to discuss this with the landlord.

theartfullodger

I would fairly happily go onto a monthly periodic, but don't think the LA allow it -

You have an absolute legal right to go periodic: However the LL (not LA) has an absolute legal right to give you 2 months notice from rent day, assuming everything is done right.

You don't have to leave until he gets a court order and then gets in bailiffs. He can only apply for a court order after expiry of notice. This all takes some months, and a surprising number of Landlords/Agents/Solicitors get the paperwork wrong & court chucks 'em out: Ah, shame....

See
http://england.shelter.org.uk/get_advice/renting_and_leasehold/private_tenancies/assured_shorthold_tenancies#3

How assured shorthold tenants are protected from eviction

One of the most important things assured shorthold tenants should remember is that you can be evicted fairly easily. The most common reason for eviction is rent arrears, but your landlord also may try to evict you if you try to challenge rent increases or get repairs done. S/he does not need to prove a reason unless your tenancy is within a fixed-term, but s/he has to follow the correct procedure.
Notice requirements


Your landlord has to give you written notice if s/he wants you to leave. If your landlord is claiming you have done something wrong (such as not paying the rent), you may only get two weeks' notice.
However, if your landlord doesn't have a reason to evict you, the notice must be at least two calendar months or the same period for which rent is paid, whichever is longer. If your tenancy is periodic, the notice should end on the last day of a tenancy period (the day before your rent is due).
If you don't leave by the end of the notice period, your landlord can apply for a court order.
Court order

You cannot be evicted before your landlord has gone to court and the court has agreed to your landlord regaining possession of the property. The court's permission is on a written notice known as a possession order. The court has no choice but to make an order to evict assured shorthold tenants if the correct procedure has been followed. You may be able to ask the court to delay the order but this can only be done for up to six weeks, and only if you face exceptional hardship.
You will be given the chance to provide information to the court to help the judge decide whether or not you should be evicted. You can send information to the court and/or go to a hearing.
If you don't leave by the time a court order takes effect, your landlord can ask the bailiffs to physically remove you from the property.
Periodic tenants

If your tenancy is periodic or if the fixed-term has come to an end, your landlord can evict you fairly easily. There is no need for your landlord to give a reason to the court but s/he must be able to show that you have an assured shorthold tenancy and that the correct notice has been served.

If you've been a good tenant (paid on time, no issues, place in good nick, etc etc) then any Landlord would usually pause before chucking out a good payer...

Cheers!

Lodger

aldredd

ceh209 wrote: »

LAs often 'don't allow it' because then they don't get more fees...

Exactly what I figured. Now I realise why they were so keen for me to only sign a 6 month to begin with (I did 12).

my current contract actually expires on the 11th Sept - the 11th August was my 'deadline date' for renewal, based on the fact that if I didn't want to renew, I was effectively giving my 1 month notice from that date.

There can't be any implied expectation that as I haven't replied (or at least they have not acknowledged my reply), I'm 'giving' my 1 month notice 'because that's what their letter said' it there?

If they do send a new contract, but say nothing about the fee - are they allowed to demand it later / take it out of deposit, or are they effectively accepting my request?

Thanks for all your help!

aldredd

theartfullodger wrote: »

If you've been a good tenant (paid on time, no issues, place in good nick, etc etc) then any Landlord would usually pause before chucking out a good payer...

Cheers!

Lodger

Thanks Lodger - useful info.

I like to think I've been a good tenant - moved in 1 week after the place was built (new build) so the landlord has never not received income from it - always paid on time, co-operated with visits etc. Only call up for the occasional problem (such as washing machine breakdown) but as it's a new build, it's all under warranty, so no problem for the LL.

I just worry that because I have no way of contacting the LL, the LA will either 'speak on behalf of' the LL, or push the LL not to accept a periodic tenancy, in which case (unless they don't ask for it again) I'll have to pay the fee (daylight robbery!)