£45 for new 6 month tenancy! No assured tenancy

llh189

I have been in my rented property for a year, I originally have a 12 month tenancy agreement, which I was happy to agree to.

One month before my tenancy was due to expire, I was sent a letter by my letting agent asking if I wanted to resign for a year or six months, due to a lot going on in my life I didn't hesitate in returning the form.

I got home tonight to a new tenancy agreement and a letter charging me £45!

I presumed that my tenancy agreement would just roll in to an assured tenancy agreement - thus allowing me to give one months notice from my rent date should I wish to vacate the property. I have rented for over ten years and have always just rolled in to one of these.

But in actual fact it is a whole new agreement, tying me in to another 6 month term - with no notice clause on my part.

Now I have no plans to leave in the next 6 months BUT I am not sure after that date that I will want to be tied in to six months, I would prefer an assured agreement where with appropriate notice I can leave.

So my question is that can I refuse to sign a new agreement in six months and ask to go on to an assurred periodic tenancy and can my letting agent refuse?

I am a little miffed about the £45 especially as I had been without a fridge / freezer for 11 days, as my old one broke down, but I guess we mostly know that agents screw every little penny out of you that they can!

My question therefore is mainly about not signing a new tenancy agreement and just going on to a rolling one!

Any thoughts if my agent refuses.

Thanks

BitterAndTwisted

If yo don't want to sign another six month fixed-term agreement, then don't. You will automatically go on to a rolling periodic tenancy. This may not provide the comfort that the landlord may want and you can be certain that the agent won't as it will not give them an excuse to levy more charges. Depends on whether you want to take the risk. Perhaps you should have a discussion about it direct with the landlord.

G_M

llh189 wrote: »

I have been in my rented property for a year, I originally have a 12 month tenancy agreement, which I was happy to agree to.

One month before my tenancy was due to expire, I was sent a letter by my letting agent asking if I wanted to resigndo you mean 're-sign'? 'resign' implies you want to leave (like resign your job) for a year or six months, due to a lot going on in my life I didn't hesitate in returning the form.You did hesitate or didn't? Did you return the form - if so, saying what?

I got home tonight to a new tenancy agreement and a letter charging me £45!Standard practice form letting agents.

I presumed that my tenancy agreement would just roll in to an assured tenancy agreement - thus allowing me to give one months notice from my rent date should I wish to vacate the property. I have rented for over ten years and have always just rolled in to one of these.This can happen - is it what you want?

But in actual fact it is a whole new agreement, tying me in to another 6 month term - with no notice clause on my part.You can choose o sign it, or not.

Now I have no plans to leave in the next 6 months BUT I am not sure after that date that I will want to be tied in to six months, I would prefer an assured agreement where with appropriate notice I can leave.Not sure what you mean. You WANT the next 6 months fixed security, or you want flexibility to leave? (Ignore what happens after another 6 months - at that point come back here for more advice! What matters is what you want NOW)

So my question is that can I refuse to sign a new agreement in six monthsYes - by why are you worrying about the NEXT contract? Surely the issue is what to do NOW? and ask to go on to an assurred periodic tenancy Yesand can my letting agent refuse?You cannot be forced to sign a contract. If you don't sign a new contract, and stay one day after the current one ends, you automatically have a (monthly) periodic (rolling) contract.

Of course, if the LL or agent does not like this, he can give you 2 months notice to leave at any time (just as you can give ONE month notice at any time).

I am a little miffed about the £45 You'd be more miffed if it was £90! You can avoid the charge by not signing and going onto a periodic contract, but see the point above about insecurity. especially as I had been without a fridge / freezer for 11 days, as my old one broke down, That is a totally separate issue. Have you reported it in writing?but I guess we mostly know that agents screw every little penny out of you that they can!

My question therefore is mainly about not signing a new tenancy agreement and just going on to a rolling one!

Any thoughts if my agent refuses.

Thanks

Agent cannot 'refuse' - it is you signing or not signing. YOU can refuse.

edit - just seen Bitter's post above - yes, talking direct to the landlord is often helpful. Depends on the LL though!

kiki*_2

I'm a little confused. The letter you got was asking if you wanted 6 months or 1 year. Now your complaining that you got 6 months? If you wanted s rolling contract you should have asked as that is different to 6 months.

jjlandlord

Unless you agreed in advance with your landlord to pay his costs for drawing a new agreement, I do not really see how the LA could enforce this £45 charge.
The LA works for your landlord, not you.

Benji

As others have said, a 'rolling contract' is an automatic right - section 5 of the 1988 Housing Act applies.

However, although a 'Statutory Periodic Tenancy' (it's legal name) does give you the flexibility to leave without undue ties, it also gives you less security - your landlord can serve a section 21 notice giving you 2 months notice ofhis intention to go to court for possession.

Pedants note - the follow on tenancy is not specifically an 'assured tenancy' - just about all residential tenancies in England/Wales are assured tenancies nowadays - eg - "Assured Shorthold Tenancy" or AST.

Caveat_Mortgagor

Ive just been through exactly this situation last week with my step daughter.

They were told they had the option of 6 or 12 months. The option of going to periodic was not discussed. The reason why it was not offered came to light when the agent wanted £84 for the 'contract renewal fee'.

Upon requesting a periodic tenancy the agent came back a few hours later and said 'no, periodic is not an option, you have to sign or leave'.

It seems they issued a section 21 at the time the tenancy contract was signed.

After a bit of research, I discovered the section 21 was invalid as it was issued the day the tenancy agreement was signed, but the tenancy didnt start until 2 days later. The statutory period has now expired and she is now on a periodic tenancy and has saved the £84 'renewal fee'.

The OP should check to find out if their agent has tried a similar dirty trick with the section 21.

If they have, there are 2 common mistakes that can invalidate the S21. Either pre-dating the start of the tenancy or being issued before notification that the deposit has been registered with a TDS.

llh189

Blimey - it seems that when you ask for a little bit of advice, it is given in a tone that his hardly that helpful.

Kiki - I wasn't complaining about being given six months as opposed to a year.

My question was with regard to me be able to ask for a rolling tenancy rather than paying £45 to be tied in for 6 months with out a break clause. I am aware that a rolling tenancy gives only two months protection from being ask to leave. I have now approached my agent ( and yes I am aware they don't work for me ) and asked for a rolling tenancy instead, even though I am more than happy to stay on and my landlord is more than happy to continue to rent to me!

Thank you very much for those that gave good advice in a manner that was nice!