letter from EA with regards to renewal: advice needed

thegirlintheattic

I would also contact the LL (you should have LL address on agreement) and say you would like to go into a rolling tenancy. It's good manners if nothing else.

Werdnal

Remember that the charge the letting agent imposes for renewing goes in their pocket - not the landlord's. Infact, many agents will also charge the LL a renewal fee too.

Contract the LL direct, explain your situation, and ask them to accpet the SPT request and tell the agents to get off your back. The agent works for the LL, so the LL tells the agent what he wants them to do on him behalf - if he is happy to let you go to SPT (he may not even know this is an option so you might have to enlighten him), he should tell the agent to stick their charge where the sun don't shine!

Even if you do not have the LL's address on the tenancy agreement, it is an offense for the agent not to provide it if you request it in writing.

rexmedorum

well the landlord has 2 addresses one person in China, and as it staks some quote from some law saying that a uk address must be provided, which follows by a uk address. This is the name of a company, different in name from the agent. However the latter is on thier letterhead so it's deffinately the same company.

I could write to chine but how useful that will be (and it will take ages)

Werdnal

rexmedorum wrote: »

well the landlord has 2 addresses one person in China, and as it staks some quote from some law saying that a uk address must be provided, which follows by a uk address. This is the name of a company, different in name from the agent. However the latter is on thier letterhead so it's deffinately the same company.

I could write to chine but how useful that will be (and it will take ages)

In that case you have 2 options:

Write to the agents requesting a statutory periodic tenancy, which is your right after you fixed terms ends

OR

Ignore the renewal letter and stall them until the fixed term ends, and the SPT automatically arises.

I would personally try the 2nd option, but agents will no doubt start badgering you to respond. You could put the frighteners on them that you are taking a solicitor's advice on the legality of enforcing a renewed fixed term when you understand that an SPT is a legal option - might make them step down.

However, in all this, you must remember that should the agent decide to be awkward, particularly with the LL overeseas, they may persuade the LL to issue 2 month's notice. LL may be ignorant or naive enough that they are acting in his best interests, when infact they only want you out so they can start screwing renewal charges out of another tenant who doesn't know any better!

jjlandlord

The landlord lives abroad, and the property is fully managed. Moreover, clearly they plan to keep the property tenanted for a long time.
So I doubt they would serve notice. Even if they did I highly doubt that they would follow up on it with court proceedings as it'd be in no-one's interests.

I'd ignore their letter. If pushed I would just tell them that I "currently do not plan to move".

Werdnal wrote: »

You could put the frighteners on them that you are taking a solicitor's advice on the legality of enforcing a renewed fixed term when you understand that an SPT is a legal option

That'd cost more that paying the agent's fee... And I'd not see the point: At law a LL is free to request a new fixed term tenancy or to evict, or to do nothing.

princeofpounds

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.

That is pretty pedantic actually.

rexmedorum

some news: they called us up asking what we wanted. We asked to ask the LL for the normal roling thing and to our amazement they agreed sorted!!