Renewing Tenancy Agreement £70

rosysparkle

Thanks, Gold_Shogun, for confirming that a tenancy doesn't go onto a periodic if a new fixed term is signed. The previous post that I quoted above was (I am sure unintentionally) misleading on this point.

littlemissmoney

Hi folks, I need your help!

History: I am a renter through an agency. For the last 2 years I have signed a 12 months contract with a 6 months break clause, requiring 2 months notice. Notice can not be given until month 6, so I can only move out 4 months out of every 12. I pay £70 each time I sign this contract :mad:

Now: Thanks to you guys :j this year I asked for the tenacy to continue as a periodic tenancy that requires me to give one months notice. The agency has just rung to say the landlord does not want this (although I obviously can't be sure this is true, they might just be thinking of their £70). They have suggested a 6 month contact with 2 months notice throughout. I do not want this.

The most important thing for me is that I want to give one months notice, not two. In the next year or so I will be looking to move jobs and I can not be tied to my flat for two months - I only have to give one at work! I asked if he would consider a 12 month contract with a 6 month break clause, but ONE months notice. I was put on hold, then she came back and said no. I think she asked her manager, not my landlord.

Where do I go from here? I have said I will call back once I've thought it through. You were great last time :T

littlemissmoney

I've just spent ages searching the net and everywhere says that I would legally only be required to give one months notice. So if I sign a tenancy aggreement saying I will give two months notice, which stands?

Two months seems so unreasonable to me I can't tell a new employer that I can't start for two months! I am the perfect tenant (even if I do say so myself ).

prudryden

Welcome back!
It seems as if you have tried everything you can do with the exception of meeting with the landlord personally.

Would you mind looking at your tenants agreement and stating exactly how it reads regarding the two month notice in relation to the 6 month breakclause? Normally, you can give two months notice (as per contract) in the 4th month, thereby leaving at the end of the 6th month.

Speaking as a landlord, I always ask for two months notice, but I also meet with the prospective tenants and explain to them why. (Often, it takes more than one month to find other tenants) All my tenants have agreed that it was fair since I also have to give them 2 months notice.
I also tell them that if they have to move, I will not hold them to the 2 month notice if I can find another suitable tenant in the mean time.
Let me know how the agreement reads!

littlemissmoney

Hi prudryden

The "Assured Shorthold Tenancy Agreement" terms and conditions say:
"Any notice to the Landlord about the Tenancy must be sent by ordinary first-class post to <letting agent> at the address shown in the Particulars."

On another piece of paper headed "Addendum <my address>" is say:
"It is hereby agreed between Landlord and Tenant that the Landlord and the Tenant have the right to terminate this agreement by giving two months notice of their intention to do so on or after <6 months after start date> either by hand or by registered post to the Landlords agents, <letting agents name and address>."

They can't even be consistant about how you need to deliver the letter :rolleyes:

Prudryden, do you know if the 2 months notice period you require is enforcable by law?

RHemmings

littlemissmoney wrote:

It will cost me more than £70 to move... I will have to pay some other letting agency £150 to credit check me instead! :mad:

I have been doing some research and a fixed term contract automatically becomes a periodic contract at the end of the term. So I can see no justification for charging me for "renewing" the contract. I can't believe I signed up to another fixed term contract and paid the £70 last year (pre MSE).

I did once refuse to pay £100 renewal for a one year rental agreement. I offered £50 instead. They took it. I still feel ripped off. The agent got quite nasty about it all.

The fee is "standard", but there's no need for it. But if you refuse, what's to stop the agent coming up with all sorts of "reasons" why they should get rid of you and get another tenant because it's "dangerous" to go for a periodic tenancy. It would work if your landlord wants to keep you as a tenant. After all, it won't cost the landlord anything.

Wouldn't mind betting that the agents would try and stick the landlord with the charge though.

prudryden

Ref: Addendum - Was this added after you signed the Tenant's Agreement? Did you sign or initial the addendum?

The wording in the addendum is not entirely clear, and requires clarification. It could be read that you have the right to terminate (vacate ) on or after 6 months after start date, which means that you are entitled to give 2 months notice in the 4th month. A 6 month breakclause means you can leave after 6 months as I understand it.

The 2 month notice is an agreement between two individuals and I don't know of any reason why it wouldn't be enforcable. I can't see how it would be considered unfair or unreasonable.

Hopefully, some others will join the thread and offer their experiences.

clutton_2

i have just contacted the National Landlords Association on this very point. they stated that legally : -


During the fixed term of the AST the notice periods required are as per the conditions contained in the AST.

AFTER the fixed term has ended, and the tenancy becomes periodic, then the tenant must give a minumum of one months notice and the landlord must give a minimum of two months notice but that such notice must be given exactly correctly on the last day of the rental period - ie AST started on 5th of the month, notice must be dated and given on 4th of the month - if it is given on the 6th the landlord is entitled to claim another months rent

A landlord cannot include "illegal" terms in his/her AST - in the hope that the tenant will comply. Just because a clause is in an AST does NOT make it legal, particular if it contravenes other legislation. No one can be made to sign away any of their rights.

littlemissmoney

The addemdum is sent to me at the same time as the tenancy aggreement. I have to sign the tenancy aggreement and the addemdum and initial the terms and conditions.

Btw, I have to find my own witness, photocopy it myself and pay for a stamp to send it back to them. I really have no idea what this £70 pay for.

clutton_2

how on earth could i possibly ignore the lovely pru ?????