letter from EA with regards to renewal: advice needed

rexmedorum

Hi All,
I got the following letter from the Estate Agent. Our job situation is a bit insecure and I would prefer to go on rolling contract, certainly not renew for 12 months.

The question is does the letter constitute a notice or not?

The letter (dated 23 March 2012)

Dear rexmedorum,
We write to you to remind you that your tenancy at the above property will terminate on 20 May 2012. We are pleased to inform you that your landlord would like to offer you a further term of 12 months at a rental of XXX per calendar month.

If you wish to accept your landlord's proposal a payment of £125 (inc VAT) is required to cover the cost of extending your tenancy. This payment can be made via debit or credit card by contacting the Renewals Team on the Above Number. Our office hours are Monday to Friday 9am to 5:30pm. This will enable us to finalise your extension and draw up the required documentation.

If you would prefer to pay via cheque, please return the completed form enclosed to the above address with the cheque made payable to "XXXX".

If you do not wish to extend your tenancy, we would kindly ask that you complete the enclosed form as soon as possible to allow time to make the required arrangements to terminate your tenancy, re-market the property and return deposits where applicable. Alternatively, please email your notice to the followig address. XX@YY.ZZ.PP
Yours Sincerely

The Renewals Team

DVardysShadow

Don't renew and don't return the form. Then the tenancy will go to a Statutory Periodic, which is what you want. The LA may become more insistent - you need to be non-commital and keep the thing rolling

jjlandlord

I'm not sure what sort of 'notice' you mean... In any case it is not.

If you'd rather have a periodic tenancy do nothing.

rexmedorum

jjlandlord wrote: »

I'm not sure what sort of 'notice' you mean... In any case it is not.

If you'd rather have a periodic tenancy do nothing.

I meant if this could be seen as a very covertly written S21 notice

princeofpounds

tenancy at the above property will terminate

The tenancy will not be terminated. The fixed period will be over. You will move on to a statutory periodic tenancy if you do not do anything.

The LL might accept this, or they may not. If not, then they are entitled to seek possession of the property. This will be done by 'giving notice'.

In reality, this means a Section 21 notice which is a legal form that expresses the LL's intention to seek possession. It is often called an 'eviction notice' but it is nothing of the sort; only a court order can terminate the tenancy and allow an eviction.

If you have not been served a Section 21 then you have not received an official notice to quit.

The question is does the letter constitute a notice or not?

So no, because it is not a Section 21. But you might have had one previously - sometimes people get served on day 1 of the tenancy, although frequently such notices end up being invalid on various technicalities.

Legally-speaking the letter says nothing more than 'we would like you to pay more rent and sign up for another fixed term. We would like you to pay a fee for the privilege.'. Termination of the tenancy is an implied threat perhaps, but is not actually being implemented.

princeofpounds

To be clear

I meant if this could be seen as a very covertly written S21 notice

No. It is not in the right form and does not contain the right language. Nowhere near it.

rexmedorum

princeofpounds wrote: »

The tenancy will not be terminated. The fixed period will be over. You will move on to a statutory periodic tenancy if you do not do anything.

The LL might accept this, or they may not. If not, then they are entitled to seek possession of the property. This will be done by 'giving notice'.

In reality, this means a Section 21 notice which is a legal form that expresses the LL's intention to seek possession. It is often called an 'eviction notice' but it is nothing of the sort; only a court order can terminate the tenancy and allow an eviction.

If you have not been served a Section 21 then you have not received an official notice to quit.



So no, because it is not a Section 21. But you might have had one previously - sometimes people get served on day 1 of the tenancy, although frequently such notices end up being invalid on various technicalities.

Legally-speaking the letter says nothing more than 'we would like you to pay more rent and sign up for another fixed term. We would like you to pay a fee for the privilege.'. Termination of the tenancy is an implied threat perhaps, but is not actually being implemented.

That's what I though. I have had a look through all the documents and there is no s21 notice anywhere.
By the way isn't the notice 2 months? (in which case they are late already)

rexmedorum

DVardysShadow wrote: »

Don't renew and don't return the form. Then the tenancy will go to a Statutory Periodic, which is what you want. The LA may become more insistent - you need to be non-commital and keep the thing rolling

I am suspecting they will become more insistant, how likely do you guys think they are to actually serve notice on us?

ruggedtoast

rexmedorum wrote: »

I am suspecting they will become more insistant, how likely do you guys think they are to actually serve notice on us?

Why don't you contact the landlord yourself, it's up to them in the end, the agent only want their outrageous renewal fee.

jjlandlord

There's no special form for a s.21 notice, especially one served during the fixed term as, strictly, such a notice would not even need to say it is a notice by virtue s.21 (though there may be a bit of debate with the court about this...).
But it would have to state that the landlord requires possession, which the present letter does not. This letter is just offering a new fixed term, so quite the opposite of requiring possession.

Even if the agent do serve notice, OP should remember that they cannot start court proceedings, only the landlord can. At such point the landlord might want to know why he should pay court fees to evict an otherwise perfectly fine tenant...

princeofpounds wrote: »

The tenancy will not be terminated. The fixed period will be over. You will move on to a statutory periodic tenancy if you do not do anything.

Not to be pedantic, but they are correct: the tenancy will terminate. But a statutory periodic tenancy will automatically arise and replace it should the tenant remain in occupation.

franklee

rexmedorum wrote: »

I am suspecting they will become more insistant, how likely do you guys think they are to actually serve notice on us?

I agree with ruggedtoast. Do you have your landlord's address? If so then should the agent wish to evict a perfectly good tenant I'd let the landlord know and have the chance to overrule the agent as keeping you is probably in your landlord's best interests. He will probably save an agents fee as well.