Contract Renewal and pull out clause

nuevo79

Hello.

I have been living one year in a property and now I am about to sign a renewal contract.

The problem is that it is not a renewal contract. It is exactly the same contract I signed a year ago.

In that contract I am renting the property for another 12 months with no right to cancel it.

Should I ask for a proper renewal contract?

Does the law allow me to leave the flat before those 12 months expire, giving previous notice, even If I sign that contract?

Thanks!

Caveat_Mortgagor

If you dont want to stay for a full 12 months, refuse the new tenancy and tell your LL that you wish to go to periodic tenancy. This hapens automotically when your initial tenancy expires. All terms are the same, but there is no 12 month minimum period if either party wishes to terminate.

Be aware that sometimes LA's will issue new tenancy agreements whether they are needed or not in order to get you to pay an admin fee. Dont let them push you into something that doesnt suit you.

nuevo79

Caveat_Mortgagor wrote: »

If you dont want to stay for a full 12 months, refuse the new tenancy and tell your LL that you wish to go to periodic tenancy. This hapens automotically when your initial tenancy expires. All terms are the same, but there is no 12 month minimum period if either party wishes to terminate.

Be aware that sometimes LA's will issue new tenancy agreements whether they are needed or not in order to get you to pay an admin fee. Dont let them push you into something that doesnt suit you.

Thanks for your prompt reply.

Yes, the letting agency will charge me a £80 fee. They sent me a letter talking about renewing the contract, but they enclosed a new agreement.

BitterAndTwisted

Don't sign it or acknowledge that you have received it. Leave it until after the current rental agreement expires. Then you will automatically go onto a rolling periodic tenancy which requires that you give one month's notice to end the tenancy. The other side of the coin is that your LL will need to give you two month's notice. It all depends on whether you want to take the chance that the LL would prefer the security of having you tied into a defined period or not.

nuevo79

They rang me to know whether I wanted to renew the contract.
I suppose they won't wait until the contract expires.

Werdnal

Then tell them that you would prefer to let it run to a periodic tenancy, if the LL agrees of course.

They will naturally be chasing you as they want the renewal fee, and letting it run to periodic is not in their financial interest.

As mentioned above, remember that the lack of a fixed term works both ways - LL can issue 2 months notice if they want you out and a new fixed term tenant in.

G_M

How long before your current contract runs out? If not long, just stall ("I need to discuss with my partner/dad/solicitor/whoever"; "I've lost it please send another"; "I'm thinking about it").

On the day following expiry of your current contract, you become a Periodic tenant as others have explained.

Alternative approach is to be upfront/honest: tell the agent (or better still speak directly with the landlord) you want to move to a periodic tenancy. You have no current plans to leave but prefer the flexibility. Do NOT be swayed by claims by the agent that you have to either leave or sign a new agreement - they are interested in the fee associated with the signing of the new contract! Bear in mind the landlord may not realise you are being put under pressure - indeed, the agent may be putting him under similar presure and charging him a new contract fee too!

And to answer your question - No, if you sign a new 12 month contract the law does not allow you to leave early. That's what a 12 month contract means! It gives security to both sides, but removes flexibility from both sides.

BitterAndTwisted

They will keep contacting you until they have secured your signature. They need the fee income. Whether you give in is up to you. You could ask them to issue you with a new 12 month agreement with a six month break-clause if that's what you would prefer. It all depends on what the landlord wants.

Have you considered contacting the landlord direct and having a discussion with them about it?