Renewing Tenancy Agreement £70

Sparky67

prudryden wrote:

It can't be a large LA such as Winkworths or Foxtons. Sounds like a small unsophisticated agency or the LL trying to write their own agreement.

Like I say, don't assume that just because a Letting Agency do something, it is correct. I have had to undo many an error of Letting Agents who don't know how to serve a Notice! :cool: :eek:

PS I'm not sure whether I should feel insulted or congratulated in being "loosely" referred to as a professional! I suppose that depends on whether I really am one....:D

clutton_2

i think tenants think that there is one universal tenancy agreement available for all. i have a variety of agreements that i use, depending on the property and depending on the tenants and their circumstances.

i usually give out the agreement several days before signing it to enable prospective tenants to read it in their own time, or take it to CAB or where-ever. folks then often have questions about clauses, and if they ask for changes and if i agree, we delete a paragraph, and both sign it, or add in a new bit and both sign it. An AST is not set in stone, it is a mutually agreeable set of terms and conditions.

littlemissmoney

clutton - Surely the "agreed term" is 12 months?

prudryden - It's a nationwide LA with loads of shops, so you would think they would get the wording right :rolleyes:

I am not sure where to go from here. I'm really keen to only give one months notice. What do you guys think about writting to the LL directly?

clutton_2

had to go back to the beginning of the thread to realise that you had signed a 12 months AST - in which case, yes the Agreed Term is 12 months.

if i were you, i would tell the agent that you only want a 6 months AST now, as "your circumstances are likely to change" - dont go into details - not his business. i doubt VERY much if he will want to kick you out !! he will be thinking "2x £70 if she stays on again after the 6 months" - then i suggest you do not sign another 6 months agreement, but, let it go onto periodic, and stay on until you find somewhere else to live. as long as you continue to pay rent the LA will have to take you to court to get you out and that might take a few months, by which time you will be ready to move on.

prudryden

It looks, as Clutton indicates, that they have offered you a 6 month term contract (possibly because you mentioned to them about maybe having to move) following the initial 12 month contract. You need to clear up when you can give two months notice however.

I wonder if the wording is muddled because one of the juniors at the LA was told to change the standard contract to the amended one of 6 months with 2 months notice at any time as they told you over the phone. The junior didn't understand how to write it in a clear format. (I'm thinking out loud here)

As far as writing the LL directly, you might ask the LA what they think. I expect they will tell you we have already spoken to him and he insists on two months notice.

Sparky - Definitely not an insult. You and Clutton are uncomfortably accurate in your discussions.

clutton_2

if you have discussions with them about things in the AST (particulary the notice period) and they agreee changes, write them a letter immediatley confirming the conversation, with whom, on what date and what was said, then at least you have a record for the future.

clutton_2

i might be tempted to contact the landlord and explain the difficulty you are having with getting clarity with the agent - they may not realise how difficult this is for the tenants - and will not want to lose a good rent-payaing tenant.

the only time i used an LA to find me a tenant, they were reluctant to send me a copy of the AST - and when they did i realised our copy was for 12 months the tenants was for 6 !!!!

Tassotti

To the OP,

My advice would be NOT to sign another agreement. However, as soon as you pay the next months rent, a periodic agreement is then formed.

You do run the risk that the LL will be unhappy and give you 2 months notice, but I think this is unlikely. (Renewing ASTs is just a money-maker for the agent.)

You then have the flexilbility you require

Tass

littlemissmoney

Thanks Tassotti

I'm really really tempted to do as you suggest, because I think it would be quite foolish of the LL if he did give me notice over this. However I will be totally gutted it he does!

I have decided I am going to write to the LL directly, explaining that I want a periodic tenancy so that we can both avoid these fees. I have a feeling the LA might not have suggested it to him, or will have said something like "you don't want that, do you?". As much as it will annoy me, I might also suggest in the letter that if he really wants another fixed term then I will sign a 12 month contract with a six month break clause and ONE months notice.

italia

can someone help please! i am a first time landlord and the AST came to an end in august. i forgot all about it (daft I know). i just got a letter from the agent that let the property saying it is coming to an end (they obviously got the date wrong) and do i want to have a 6mnth or 12mnth one - i am to ask my tennant and get back to them, also £90+vat fee.

I can't find anything in the AST i have about a periodic monthly tenancy commencing after the AST ends, or anything about notice AT all. I think the LA just set a fixed term up so i have to pay them to renew or have a rolling periodic afterwards. i am really confused.

it is best for me to have a 6month one so the tennant are guarenteed not to leave before then and the tennant is happy with a 6month one. if i go on the net and complete one of these oneline AST's for a five willl this do.

i dont know if the contract i have is any good for rollover periodic as there is no mention of notice.

help????? please!