Renewal of contract

charlie792

My tenancy is up in less than 3 week and as of yet have not heard anything from the estate agents.

Ive just decided to dig out my contract and have a look through about renewals etc and it says that I need to give them one months notice that I wish to stay and that I then must pay the renewal fee....

Firstly - is this going to cause problems that I have not given them this one months notice, I honestly didn't know I needed to.

I really don't want to renew as Id rather go periodic so therefore this fee cannot be enforced I assume - despite it being written into the contract?

DVardysShadow

charlie792 wrote: »

Firstly - is this going to cause problems that I have not given them this one months notice, I honestly didn't know I needed to.

I really don't want to renew as Id rather go periodic so therefore this fee cannot be enforced I assume - despite it being written into the contract?

Under statute law, you need do nothing and it becomes 'statutory periodic'. Under the contract you need to give notice and I suppose it would be 'contractually periodic' [I just made that up]. If you don't take up the right under the terms of the contract, you have the right in law anyway.

You risk the Agent giving you a section 21 notice out of spite and on their own authority without the Landlord's knowledge. In your position, I would let the Landlord know my intentions. But again, some Agents bamboozle their Landlords over the statutory periodic tenancies, so this is not foolproof.

charlie792

DVardysShadow wrote: »

You risk the Agent giving you a section 21 notice out of spite and on their own authority without the Landlord's knowledge. In your position, I would let the Landlord know my intentions. But again, some Agents bamboozle their Landlords over the statutory periodic tenancies, so this is not foolproof.

Yeah that is what I really don't want to happen - although saying that they'll be hard pushed to find a replacement for me if they do that, took them over a year to get a tennant in the first place and on top of that you can now rent a 3 bed house in my area for almost the same as Im paying here - don't think they'll get too many takers

G_M

Your contract is with the LL, not the agent, so a lot depends how knowledgable he is, and how involved he is.

The agent gets your fee for renewal AND probobly a fee from the LL, so they sometimes put pressure on both to get a new contract signed.

However as DV says, if you do nothing, stay one day beyond the fixed term AND continue to pay rent, you automatically become a periodic tenant.

It is good manners, and good for the relationship, to discuss this first, though not legally required. I would discuss it with the LL, not the agent. At the end of the day, the agent has to do what the LL says. Your LL's name/contact details should be on your contract, and you have a right to his address.

Few LLs would evict a good tenant just for going periodic. They then have months of no rent before finding a new tenant, marketing/agent costs, stress, and extra work. Buat as I said, agents sometimes advise amateur LLs that the tenant has become 'undesirable' since they get more money by a contractual renewal or, indeed an eviction.

Talk to your LL.

charlie792

nah thankfully I dont think that will be a problem with my LL - hes in the business, owns about 12 properties and thankfully knows that the agents are a bunch of idiots, he does all the repairs or gets his own contractors etc. Interestingly enough his 'address' is just listed as the estate agents address on the contract....

I can imagine the EA trying to put pressure on me to re-sign but I think as long as I know my rights Ill be ok

Annabee

theartfullodger wrote: »

That's permitted: However under "Landlord & Tenant Act 1985" Section 1
http://www.legislation.gov.uk/ukpga/1985/70/section/1
if you write (must write..) to agent, quoting that section, requesting Landlord's real name & address they must supply within 21 days or will be committing an offence.
Cheers!

Artful

(assuming tenancy is in Engerland...)

Sorry to hijack the thread, but could you tell me if that still applies if the LL lives abroad.? We also only have the agency's address for contacting our LLs, and I don't think the LA and LL always see eye-to-eye so would like a way to contact them without the LA knowing.

theartfullodger

Annabee wrote: »

Sorry to hijack the thread, but could you tell me if that still applies if the LL lives abroad.? We also only have the agency's address for contacting our LLs, and I don't think the LA and LL always see eye-to-eye so would like a way to contact them without the LA knowing.

A) Yes, Agent must supply address ./..
But unless you have been given ANY address for "serving notices" in England & Wales (can be c/o agent) then the rent ain't due (!) LL&T Act 1987 Section 48: So you need/want 2 addresses - LL's actual address & an address in E&W to "serve notices".
C) Unless LL as "non-resident" has written agreement from HMRC (which you have seen a copy of...) you or agent must be withholding 20%-ish of rent for tax-man (!). Ask agent for copy of LL's documentation.. see
http://www.hmrc.gov.uk/cnr/nr_landlords.htm

G_M

theartfullodger wrote: »

C) Unless LL as "non-resident" has written agreement from HMRC (which you have seen a copy of...) you or agent must be withholding 20%-ish of rent for tax-man (!). Ask agent for copy of LL's documentation.. see
http://www.hmrc.gov.uk/cnr/nr_landlords.htm

Artful - as there are UK agents (and assuming the OP pays the rent to them......) then there is no problem. Responsibility to tax lies with the agent.

"Tenants of non-resident landlords have to operate the scheme if:

• the rent they pay is over £100 a week

and either:

• they pay the rent direct to a non-resident landlord
• they pay the rent to a person outside the UK
• they pay the rent to a person who is not a letting agent in the UK"

(my bold)