Strange letter from letting agent

captainpants

Wonder if anyone has had experience with this...

OH and I are currently renting with the contract due to expire March 2011. We are progressing with a house purchase and hopefully won't have to renew the rental lease if all things go well. We hope to complete a month before the lease expires to give us ample time to move and deal with any snafus that may arise.

I received a letter from the letting agent today which reminded us our tenancy agreement is coming up for renewal in March 2011 and stated that 'we need confirm that you wish to continue the tenancy and would be grateful therefore if you would contact us upon receipt of this letter, to discuss the matter further or sign this letter below and send it back to us' - the signing clause is for us to commit to renew the lease for another 6/12 months.

Now, I get the idea that legally we don't have to make this decision until a month before the expiration of the current lease? Or am I wrong? I've never had a letter like this before in 16 years of renting. This particular agency have failed on most occasions during our tenancy to do their job properly (resulting in me dealing directly with the landlady, who has been fantastic) and I am really in no rush to give them any information to which they are not legally obliged to know.

Has anyone else received a similar letter and what are the legal obligations?

I don't want to be an ornery tenant for the sake of it but I also am not in a position to make a decision on tenancy renewal until the end of January and want to know my legal rights before I ring the agent and tell them to lay off until then.

thanks

vl2588

It sounds like they're just planning ahead. I'd call them and make sure what the notice period is if need be.

BitterAndTwisted

Don't respond to the letter. They are fishing for a new signature so they can charge nice, fat fees. If you're not willing to commit to another six months then just do nothing.

BitterAndTwisted

vl2588 wrote: »

It sounds like they're just planning ahead. I'd call them and make sure what the notice period is if need be.

The OP is on a fixed-term tenancy so they don't have to give any notice at all, although a polite person would signify their intentions before the last day of the tenancy.

vl2588

It's still nice to be nice though if you see what I mean? Rather than ignore it?

tbs624

vl2588 wrote: »

It sounds like they're just planning ahead. I'd call them and make sure what the notice period is if need be.

If the property is in Eng/Wales then strictly speaking T does not have to give any notice - s/he may simple leave on the FT expiry date. It is however courteous to let the LL know of plans to move on elsewhere.

I would either ignore the LA's letter or simply write back thanking them for their letter and stating that you will confirm your intentions nearer the Fixed Term expiry date.

G_M

Legally you need do nothing.
On the day in March when your fixed term expires.....your fixed term expires. You just move out.
Or, indeed you can stay. The day after expiry, if you stay and continue to pay rent, you move automatically to a periodic tenancy. No notice needed either way.

HOWEVER. You are nice people. Your landlord is a nice person. He simply wants to know whether to start looking for a new tenant or not. So a friendly phonecall to him to explain your plans is the thing to do. Who knows, he may well then be happy to be flexible about precise end-date of tenancy to fit around your house purchase ie delay a week or two or a week or two early.

Or if you've never had contact with the LL, do the same with the agent. Alternatively, do as tbs624 suggests and do it in writing. Depends on your relationship really.

olly300

OP however nice the landlord is I don't advise you to tell the landlord what you are doing.

I suggest you do what tbs624 has advised and state that you will inform them what is happening nearer the time.

Then one month before you want to move out officially, tell them you are leaving.

Otherwise you could find yourself with a landlord trying to do building work in the last month of your tenancy or the letting agent getting people around to look 2 months before your tenancy ends.

Edited to say: I'm speaking from having a "nice" landlord who turned into a monster because I let them know my plans, and having to get the police involved.

Tigsteroonie

Letter? What letter?

I.E. Unless you signed for delivery, there is no proof you ever received the letter, you can simply ignore it.

G_M

olly300 wrote: »

OP however nice the landlord is I don't advise you to tell the landlord what you are doing.

I suggest you do what tbs624 has advised and state that you will inform them what is happening nearer the time.

Then one month before you want to move out officially, tell them you are leaving.

Otherwise you could find yourself with a landlord trying to do building work in the last month of your tenancy or the letting agent getting people around to look 2 months before your tenancy ends.

Edited to say: I'm speaking from having a "nice" landlord who turned into a monster because I let them know my plans, and having to get the police involved.

What is this scaremongering? If the LL tries to do intrusive building works or is too demanding with viewings you explain you don't want them. You have the right to refuse access. Why assume the worst?

Far better to be upfront and honest and reach amicable agreement about both the tenancy renewal, the desired moving out date, and any repairs/viewings that come up.

OK, if the LL turns into the LL-from-hell, then insist on your rights (which are many). But by assuming the worst you actually create a relationship that is likely to deteriorate.

captainpants

Thank you everyone for all your replies. Good to know where I stand legally.

I think I will play my cards close to my chest and just bide my time until the house is in bag (fingers crossed). I agree with olly300 that no matte how nice people are, circumstances can turn them into nightmares and I choose not to give our LL the opportunity to do that!

Building work is probably unlikely in the event of letting the LL know we are leaving but I certainly don't want 2-3 months having to allow prospective tenants to view the property and the LA is aggressive in their marketing so that will inevitably happen. The less time they have to do that the better.

I do plan on giving my LL the courtesy of a month's notice before the tenancy end date if we end up not needing to stay on.

Thanks again for everyone's input!