Help - Agents letter to re-sign!

charlie792

OK 6 months AST ran out on the 26th Feb, rent was paid on 27th feb so this has locked us into a periodic tenancy as far as I am aware?

The Agents have just sent the a letter, which is dated 9th March - so well over a week after the tenancy expired.

Basically the letter states that the LL requires me to resign for another 6 months 'as per your signed agreement' and that all the terms will be kept the same ONLY if i resign within the next 14 days, however if I don't re-sign they are saying that the rent will be reviewed!

In bold - are they saying that Ive already agreed that I HAVE to renew?

- Oh yes and the agents want £55 for us to do this

The thing is Im in a bit of an awkward situation, we don't want to renew on the basis that we're both looking for new jobs and so require flexibility however nor can we afford a rent increase if they decide that, and being forced to move as a result will put us in an even worse position as we'll have to take up a contract somewhere else instead...

Is there any advice anyone can suggest?

Im thinking of maybe writing to the agents tellling them to stick it (although obviously more polite)

tbs624

The terms under the stat perioidc which has arisen will be the same as those in the original FT, save for determination (ie how either party may end the tenancy - one month from T, two from LL to tie in with rental period, unless agreed otherwise.) If the LL now wishes to raise the rent he will need to properly serve you with a S13 notice - you can appeal to a local Rent Assessment Committee if you think the figure is too high.

LAs like to get their renewal fees from both LL and T, and to know that they have a certain min period of continuing commission which is why they push for a further FT.

Try talking direct to the LL - many LLs are unaware of the way in which their LA behaves. If you have hitherto been a reliable T the LL will not want to lose you: a void period could soon lose him more than he would be likely to gain under the usual level of rent increase

Have you already been served with a S21 Notice as a matter of routine earlier in the tenancy?

BitterAndTwisted

You are not "locked" into a periodic tenancy: quite the opposite in fact. You automatically went onto a periodic tenancy on the 28th of February. If you don't agree to re-sign for another six months they can't do anything about it other than to give you two months notice. In any case, just because they choose to serve you notice does not actually mean that you absolutely must vacate the property once the two month elapses. They'd need to apply to the court for a possession order first.

Everything depends on what you want to do and how keen or otherwise you are to remain in the property for another fixed-term

charlie792

tbs624 wrote: »

The terms under the stat perioidc which has arisen will be the same as those in the original FT, save for determination (ie how either party may end the tenancy - one month from T, two from LL to tie in with rental period, unless agreed otherwise.) If the LL now wishes to raise the rent he will need to properly serve you with a S13 notice - you can appeal to a local Rent Assessment Committee if you think the figure is too high.

LAs like to get their renewal fees from both LL and T, and to know that they have a certain min period of continuing commission which is why they push for a further FT.

Try talking direct to the LL - many LLs are unaware of the way in which their LA behaves. If you have hitherto been a reliable T the LL will not want to lose you: a void period could soon lose him more than he would be likely to gain under the usual level of rent increase

Have you already been served with a S21 Notice as a matter of routine earlier in the tenancy?

Thanks for the reply.

Unfortunatly I don't have any contact details for the LL - well a mobile number but he works full time so I don't really want to disturb him whilst he's at work. Only contact address we've been given for them is through the estate agents.

No we have not been served an S21

BitterAndTwisted wrote: »

You are not "locked" into a periodic tenancy: quite the opposite in fact. You automatically went onto a periodic tenancy on the 28th of February. If you don't agree to re-sign for another six months they can't do anything about it other than to give you two months notice. In any case, just because they choose to serve you notice does not actually mean that you absolutely must vacate the property once the two month elapses. They'd need to apply to the court for a possession order first.

Everything depends on what you want to do and how keen or otherwise you are to remain in the property for another fixed-term

No locked in wasn't quiet the word I meant. I just assumed that as the previous tenancy had elapsed that they'd accepted were were now periodic.

We really can't commit to another 6 months because OH really may need to move before then for work, everything is a bit uncertain at present, but if OH needs to move we can't be stuck living here.

To be fair the way I see it is that we've been model tenants the rent is on Standing Order which goes out every month without fail and its not like we've trashed the place or anything. The flat was empty for 6 months before we moved in...but I think the EA know we're not exactly in a position to negotiate, we don't want higher rent obviously but if we move then obviously we'll have additional costs...

Anyone know the best way to word the letter to the estate agents? something along the lines of as the previous tenancy has lapsed and we are now on periodic tenancy we would prefer to continue as such on the current terms...

BitterAndTwisted

Well quite, it's a bit of a balancing act. You should be able find the address of the landlord from the Land Registry website and by paying £4. Alternatively, you could WRITE to the agents requesting your landlord's address and by law they must comply within a set time-scale (21 days, I think).