End of tenancy fees

Mikazaru

Hello,

I just have a quick question, I moved into my flat last September on a years contract, at the moment I'm unsure as to whether I'm staying or not come September.
I recieved a letter from my Lettings Agent this morning reminding me that if I leave I have to give my notice in writing and if I want to stay I have to pay £50 to extend the tenacy.
If I do leave I guess I just write them a letter outlining this and make sure it's delivered before the start of my last month of the tenancy however I thought if I wanted to stay my tenancy would just change into a rolling contract, are there really fees for this?
Thanks for any help,

GAH

If you are giving notice, make sure you it reaches your agent on or before the rent due date, either by hand or by recorded delivery.

In regards ot renewing the tenancy, once the fix term is up, you can continue onto a Statutory periodic tenancy, no contract to be signed with all the same terms of original tenancy, then agent can't charge you any fee

Mikazaru

Thank You, I thought I could just continue on but the letter makes it sound like I don't really have a choice about it, I either pay to extend it or leave.

jjlandlord

[Assuming AST in England or Wales]

You do not have to give notice if you intend to leave at the end of the fixed term. Obviously it's better to give one, but that means you do not need to worry about any deadline to do so.
If you stay you do not need to do anything: The tenancy will become periodic as already mentioned.

theartfullodger

Agent is talking garbage..

If you wish to leave at the end of your current, fixed-term, tenancy, you do not have to tell anyone - just go, with everything, before midnight on the last day..

However to avoid upsets it is sensible to confirm this in writing & ensure you get a signed receipt for the keys before midnight on last day..

As said above tenancy will roll-on, month-by-month, if nothing is done.. and no fee is required for this..

Just-in-case you are in Scotland any such £50 fee for a new tenancy agreement is illegal..

tbs624

You do not have to give any notice to be able to leave at the end of a Fixed Term tenancy (Eng/Wales) although it is courteous to do so.

If you don't move out at expiry, no new FT agreement is signed and LL does not seek a court order for repossession then the tenancy continues as a stautory periodic agreement (same as original tenancy terms but LL has to give you 2 months notice and you as T have to give one month)

LA likes to try to get Ts to sign up for new FT so that (a) they know they have a certain set period for receiving continued rent commission and (b) the LA can charge both T and LL a renewals fee for doing very little.

Try talking direct to the LL if you would prefer to go onto a SPA.

Were you served a S21 Notice early on in your tenancy, and if yes, was this done after the tenancy agreement was signed, and after the tenancy deposit was scheme registered ?

Mikazaru

Thank you both, if I decide to leave I was going to send notice just to be on the safe side. The letter made me doubt myself over the rolling contract, I've just dug out my original agreement, it mentions in there charging me to extend (a different price to the letter) but I shall carry on with a rolling contract.

Mikazaru

tbs624 wrote: »

You do not have to give any notice to be able to leave at the end of a Fixed Term tenancy (Eng/Wales) although it is courteous to do so.

If you don't move out at expiry, no new FT agreement is signed and LL does not seek a court order for repossession then the tenancy continues as a stautory periodic agreement (same as original tenancy terms but LL has to give you 2 months notice and you as T have to give one month)

LA likes to try to get Ts to sign up for new FT so that (a) they know they have a certain set period for receiving continued rent commission and (b) the LA can charge both T and LL a renewals fee for doing very little.

Try talking direct to the LL if you would prefer to go onto a SPA.

Were you served a S21 Notice early on in your tenancy, and if yes, was this done after the tenancy agreement was signed, and after the tenancy deposit was scheme registered ?

No, I've never been served notice, this is the first contact from the LA I've had since I've moved in.
So if I decide to stay here should I just write a letter saying that I'd like to stay on a periodic tenancy? Hadn't thought of talking to him direct, may do that if I stay.

theartfullodger

Mikazaru wrote: »

............
So if I decide to stay here should I just write a letter saying that I'd like to stay on a periodic tenancy? ...........

You don't need to write: Agent doesn't need to write: Landlord doesn't need to write.. a periodic tenancy just happens ...

Yes, of course you can deal direct with LL.. but agent may be p***d off and LL may not want to be bothered, so maybe write a very very gentle letter..

Agent is quite possibly wanting his £50 from you & tenancy renewal fees from LL also...

Mikazaru

theartfullodger wrote: »

You don't need to write: Agent doesn't need to write: Landlord doesn't need to write.. a periodic tenancy just happens ...

Yes, of course you can deal direct with LL.. but agent may be p***d off and LL may not want to be bothered, so maybe write a very very gentle letter..

Agent is quite possibly wanting his £50 from you & tenancy renewal fees from LL also...

OK, the letter begins with... "We will automatically produce a renewal notice unless notice is otherwise recieved" so I can disregard that? I'm just worried they'll do that and take the money if I do decide to stay instead of going to a rolling contract.
Thanks for your help.

jjlandlord

Mikazaru wrote: »

OK, the letter begins with... "We will automatically produce a renewal notice unless notice is otherwise recieved" so I can disregard that? I'm just worried they'll do that and take the money if I do decide to stay instead of going to a rolling contract.
Thanks for your help.

They can produce a "renewal notice" (I don't even know what that means) if they want, but how could they "take the money"? They simply cannot charge you unless you do renew.
If you do stay without doing anything you will have a "rolling" tenancy.