Landlord wants 12 months,we would prefer 6

polkadot

We moved into the house we currently live in,in June 2009.Private rental.We signed an AST for 6 months.Come December we were asked if we would renew for 12 months.We were happy to do this.December 2010 we signed another 12 month.We had a baby in August 2010 soit suited us not to move.

I am now pregnant again (last was on fertility,this one a surprise-go figure) and am due in January.I asked the agent a few weeks ago (contract date was 11/12/10) if she could ascertain the possibility of us renewing for 6 months would be.We are in what was advertised as a 2 bed but is really 1.5.We had hoped we could stay on long enough for me to recover from the c-section and then move to somewhere bigger in June.

I have now just had an email from the agent saying that the LL would prefer 12 months and an increase from £825 to £850.

If we were to say no to the 12 months-could we be asked to leave now?We dont have the money right now to do an overlap rental,which is what I guess we'd have to do *if* we even found a suitable place now.

I have located our contract but Im not really sure what Im looking for?(DH asked about a break clause?)

Does anyone have any suggestions for me before I go back to the agency please? We have absolutely no way of contacting LL direct as the addresses we have for him are c/o the agency.

GAH

If Landlord would want possession of the property back they would need to Serve a Section 21 notice (which is a 2 months notice).

I would go back to them and say that the 6 months is beneficial for landlord, for re-letting purposes, as apposed to having to find tenants for December.

You can alternatively sign no new contract, and allow the contract to become Periodic, which means you and LL will abide by all terms in original contract, but LL needs to give 2 months notice and you only need to give 1 month.

Werdnal

Tell them you do not want to renew for another fixed term (and pay the agent their totally unnecessary fees), but would prefer to go to a periodic tenancy. This allows all the same terms and conditions as the existing contract, but you only need give 1 month's notice to leave - LL still has to give you 2 months.

LA won't like it as they love to charge for printing a new contract and lending you a pen to sign it - 5 minutes work max for an extortinate fee. They also charge the LL for this service so its win=win for the LA! LL may not even be aware that periodic tenancy is an option. If LA gets shirty and insists, contact the LL (LA MUST give you the LL's address if you ask them in writing - its a legal requirement) and explain that you want to reduce the need for both your renewal fees and go onto periodic terms.

Good luck with the baby!

theartfullodger

As Werdnal says: Go periodic, stuff the agent!!

polkadot

Thanks for the advice:) Artful I always love reading your posts:beer: DH has said he wants to look at the contract when he gets home tonight and he wants to respond rather than leave me with the stress of it-so Ive sent him a link to this thread.Knew I could count on you fellows to give us the right answers:D

So they cant *actually* say to us at this point "either do this now or leave"? Dh's words were he doesnt want to be a !!!! about it but he will if he has to...its just occurred to me-do you think the LL is more "wanting" a 12 month as he's trying to save costs (thinking he doesnt want to resign again in 6 months)?

polkadot

Eton I agree with you (esp since as good tenants we dont really want to be in a position where we might get a less than favourable reference),but the problem Im having is HOW to push for the 6 month.

The agency has not been very good to us throughout in terms of repairs and maintenance...Im still having problems after the "handyman" has been sent in after various things needed reporting-and recently we've started that DH tries to stay home if he needs to come in as his attitude has become rather intimidating.I have spoken to the agency about this at least twice and both occassions shes come back with..."handyman doesnt agree" and thats been that.

polkadot

Eton_Rifle wrote: »

I would use the 'catch more flies with honey than with vinegar' approach.

I'd tell them that you'd really prefer to stay for a year and that is your plan but there's a small chance that a family situation may force a move. For this reason you don't feel able to commit to a year without a break clause - just in case. Make it all more in sorrow than in anger.

I'd be looking for the full year with break clause option as it gives you the most flexibility and the most bargaining power. You look more attractive to the landlord and you can leave whenever it suits you, rather than being locked in to intractable 6 month blocks.

But at the moment we have no contact with the LL.When we've asked about repairs we've always waited a few days for the LL to "get in touch with the LL",but today-after DH sending an email saying "due to space issues" (they know Im pg with number 3) that we'd prefer to have the option of leaving in 6 months" it took LA two hours to come back with "no,and by the way he wants an increase"

johnbusby

In reality if you called his bluff he would more than likely not evict. He would be bonkers to get rid of good tenants even if they were planning to move on in 6 months as he would be in the same position (having to find new tenants) only 6 months less rent and in the winter months when less people are on the move

That being said, in your position it would be hard to take that risk so negotiating a break clause may be the way forward

agrinnall

You have no way of knowing if the LA is really responding with the LL's view or if they are simply saying what is best for them (and it's a good bet that most people on here would say it's the latter). Therefore you should write to the LL yourself to get an answer directly from them. It sounds like you don't have the LL's address at the moment, the LA must provide it to you but if they don't you can get the address held by the Land Registry for (I believe) £4.

polkadot

Thank you for all the help guys.DH emailed agent this morning and reiterated the fact that baby is due in January and suggested a periodic,or a 12 month with a break claus.

She came back with "oh-I didnt realise it was due in January and assumed 12 months would give you time to settle with baby etc.She has suddenly managed to sort a 6 month contract.