Question: negotiating rent on renewal - who moves first?

zas31

Am in the last 2 month of the annual ATS contract, which is being terminated via S21b and a new contract must be signed should I wish to stay.

Have not heard the numbers from the new asking price from the LL yet. Is it best to wait or go ahead and make the LL an offer , i.e. leave rent flat or drop a few quid given current market conditions. I suspect the LA do not talk to LL often, if ever. So, if I were to make an offer first, or a counteroffer, would it be appropriate contacting the LL drectly (FB, linkedin, etc).?

Had a very good direct relationship with the previous LL, never spoke to the current LL.

Johnhowell

zas31 wrote: »

Am in the last 2 month of the annual ATS contract, which is being terminated via S21b and a new contract must be signed should I wish to stay.

I am sure others more knowledgable will be along shortly, but there is no "MUST" about it. You could stay after the last day of your fixed term and enter a periodic tenancy. The notice is just that a notice. If the LL wants you out they will have to go to court.

Edited to add: the only "must" would be if you signed a new contract then you would pay a renewal fee to the agent - a "must" for them.

Good luck,
John

zas31

Johnhowell wrote: »

I am sure others more knowledgable will be along shortly, but there is no "MUST" about it. You could stay after the last day of your fixed term and enter a periodic tenancy. The notice is just that a notice. If the LL wants you out they will have to go to court.

Edited to add: the only "must" would be if you signed a new contract then you would pay a renewal fee to the agent - a "must" for them.

Good luck,
John

Unfortunately, that is not so as the agency took care of it by serving an S21 that expires on the 1st anniversary. No renewed contract - any court would evict me no questions asked.

Is this all about just the contract fee that the agency receives on signing a new contract?

Hypothetically. If there was no S21, and the landlord wanted to raise the rent, and I disagreed, surely the LL has got mechanisms to get me out in no time?

zas31

I mean, how annoying is it for LLs to be contacted directly via social networks/email bypassing the agency?

marliepanda

zas31 wrote: »

Unfortunately, that is not so as the agency took care of it by serving an S21 that expires on the 1st anniversary. No renewed contract - any court would evict me no questions asked.

Is this all about just the contract fee that the agency receives on signing a new contract?

Hypothetically. If there was no S21, and the landlord wanted to raise the rent, and I disagreed, surely the LL has got mechanisms to get me out in no time?

No. A S21 is a no fault eviction type (ie not in debt or anything bad) A court would 'grant possession' if everything was served correctly, but it would take time.

After your fixed term you automatically go onto a rolling tenancy. This is still a tenancy, and the landlord still has to give you 2 months notice.

If you disagreed to the raise, with no S21, after the end of your fixed term, the landlord still has to give you 2 rental periods notice (2 months in your case, coinciding with tenancy end dates)

Get you out in 'no time' oh no it takes a long time :P

Honestly it sounds like your landlord is happy for you to stay as he is offering a new long term contract. It sounds like fee hungry LA's to be honest.

Your OP mentions rent increases, do you know a rent increase is desired? have you spoken to your landlord directly. You must have, by law, an address to contact your LL. Social networking/mobiles etc are I suppose at the landlords discretion, some would welcome it, some would not. But any sensible landlord would welcome a good tenant and would not want them thrown out because the LA is being stupid.

Johnhowell

Zas,

You should read the following post and look at the link that G-M refers to:
https://forums.moneysavingexpert.com/discussion/4021301

The S21 already issued may not be valid, and regardless what the agent says may not be enforced by a court, and would take some time anyway.

Agents fee - more than probable.

Yes, there is the mechanism available to the LL, but NO, not "in no time" it will take time = months, through the courts. The LL can increase the rent under Section 13 (?) but that can still be adjudicated by the local council Rental officer - I think.

Good luck,
John

Johnhowell

zas31 wrote: »

I mean, how annoying is it for LLs to be contacted directly via social networks/email bypassing the agency?

Remember your contract is with the LL not his agent. You have to be given an address to contact the LL - this may be c/o the LA but must be in the England and Wales (assuming you are in E/W)

You should write (not e-mail or networks) to the LL and possibly cc the LA.

John

zas31

Johnhowell wrote: »

The S21 already issued may not be valid, and regardless what the agent says may not be enforced by a court, and would take some time anyway.

Good luck,
John

John, under what scenario could S21b be not enforceable?

jimjames

zas31 wrote: »

I mean, how annoying is it for LLs to be contacted directly via social networks/email bypassing the agency?

Not annoying at all! On my first let back in 1995 I used an agent and stupidly used them to renew the contract after 6 months. When I realised what they had charged us for doing I then moved over to handling it all myself.

I'm sure most LL would be more than happy to sort the paperwork without the LA if you have paid the rent on time and been good tenants as it will save them cash.

G_M

1) discuss with the LL, not the agent
2) remember, evicting you takes time, money and effort (you do NOT have to leave on the date the S21 states - it is NOT a 'notice to quit)
3) many S21s are invalid - are you sure yours is valid?
4) evicting you means the LL will have a void. A month, maybe 2 or 3, with NO rent. That's a lot of lost money. And he also has to spend money to find a replacement. If you are a reliable tenant it is cheaper/better to keep you, even at a lower rent, than to evict
5) Often new contracts are driven by the agent, who earns fees, not the landlord
6) Read this post for more info

Talk to the LL. Tell him you would like to stay, on a periodic tenancy, and on the same terms and rent as now.

Do some research first so if he suggests rent rise you can quote adverts for similar local properties a same/lower rent.

G_M

zas31 wrote: »

John, under what scenario could S21b be not enforceable?

Read this post.