I don't want another contract !

mess0804

I have a year since I am staying in the curent flat, I had a 6 months contract and than I signed another one.
The letting agency called and sent another contract saying that I HAVE TO sign a new contract if I want to keep living there.
I know that it isn't compulsory ... but how do I explain it to them. The woman at the agency keeps on calling saying that I HAVE TO. I don't know if she is trying to convince me or that's how they trained her and she is convinced that that is compulsory...
I think that I should write to the agency but I don't know how to explain (according to what law?)
I want to live there, just that I don't want to be tied in another contract ...

N79

Which law is the tenancy subject to - English or Scottish?

DVardysShadow

Just say "send the paperwork and I'll take advice". When it comes, lose it. If she pesters you again, tell her you lost it, tell her to send it again if it is important. Just carry on like that and waste time. Never actually promise to sign it, and if they ask for it to be returned, return it but don't sign it. Just tkae your time and get yourself past the end of the current contract.

mess0804

DVardysShadow wrote: »

Just say "send the paperwork and I'll take advice". When it comes, lose it. If she pesters you again, tell her you lost it, tell her to send it again if it is important. Just carry on like that and waste time. Never actually promise to sign it, and if they ask for it to be returned, return it but don't sign it. Just tkae your time and get yourself past the end of the current contract.

I think you didn't get my point : I finished my curent contract and I want to stay there .... but I don't want to sign for 6 months ... I don't want to move ... but I want to keep my possibilities open (maybe something comes up and I have to move: another job, ill parent)

Is this not posiible to stay without being in a 6 month contract?

mess0804

N79 wrote: »

Which law is the tenancy subject to - English or Scottish?

english (I'm in London)

moromir

I don't think there is any need to play games.

Simply ask the Agent whether she has her client's (you landlord) instructions to only let the property on a fixed term contract (its entirely possible that this is the case).

Once you have this information you can decide whether you're going to play silly !!!!!!s and 'lose' the contract, possibly resulting in a S21 and a less than savoury landlord reference (if the landlord feels that strongly about only letting on a fixed term contract) or look for an alternative property where the landlord is happy for the contract to roll onto an SPT.

Gwhiz

mess0804 wrote: »

I think you didn't get my point : I finished my curent contract and I want to stay there .... but I don't want to sign for 6 months ... I don't want to move ... but I want to keep my possibilities open (maybe something comes up and I have to move: another job, ill parent)

Is this not posiible to stay without being in a 6 month contract?

Basically why he's saying this is that if you do nothing you automatically go onto a monthly periodic tenancy. That way you can give one month and LL/LA 2 months notice at any time. You get flexibility but not the security. Your choice!

saba71

this is your right they cannot let u leave from there i think u can do one thing try to contact proper housing right concil they help u ok

G_M

I finished my curent contract

If your last 6 months contract has already run out then you are already automatically a periodic tenant. Your rights are exactly the same as before except that to end the contract you must give month notice and the LL must give you 2 months (ending on a rental period).

So ignore their phone calls. Or if you wish, simply write and say "As you are aware I now have a periodic tenancy and therefore do not need to sign a new contract. However thank you for the offer."

It is probobly the agent, not the LL who is so keen for a new contract as they can charge a fee for it.

Will the LL give you notice to quit (S21) if you refuse? Almost certainly not. He would then have to pay for advertising for a new tenant, agency fees, lose 1 or 2 months rent between tenants etc, whereas if he lets you stay he continues to receive rent.

mess0804

G_M wrote: »

If your last 6 months contract has already run out then you are already automatically a periodic tenant. Your rights are exactly the same as before except that to end the contract you must give month notice and the LL must give you 2 months (ending on a rental period).

So ignore their phone calls. Or if you wish, simply write and say "As you are aware I now have a periodic tenancy and therefore do not need to sign a new contract. However thank you for the offer."

It is probobly the agent, not the LL who is so keen for a new contract as they can charge a fee for it.

Will the LL give you notice to quit (S21) if you refuse? Almost certainly not. He would then have to pay for advertising for a new tenant, agency fees, lose 1 or 2 months rent between tenants etc, whereas if he lets you stay he continues to receive rent.

My contract finished on the 7 of august. The monthly direct debit for the rent for this month went through.
They starting calling last week, they said that as a year has passed they will increase my rent (it is a 5% increase so I won't move out just for that).
I think they agency want extra security that I won't leave ... the woman on the phone was very pushy and very convinced that I HAVE TO sign the papers that she will send this week.

I want flexibility, not security, so I want a periodic contract (rolling monthly)

BitterAndTwisted

You are already on a rolling periodic tenancy and have been since the 8th of August so the agents cannot compel you to sign a contract for another six months. Now they won't get their fee from you. Tough