can a tenancy contract be considered renewed without tenants signing it?

postexitus

I rented a flat in Jun-11 and the tenancy agreement expired on Jun-12. Before expiry, the management agency contacted me and asked me if I wanted to renew with a small increase in rent and I said yes. After that discussion they went silent for 1 month and didn't get back to any of my calls, then just after the expiry date they sent me a new contract which has the wrong names on it. So I sent that contract back asking for a new one with correct names but they never replied.

My question is, is the tenancy agreement considered renewed once I said "I'd like to renew" or am I on a rolling contract because I never signed the extension contract?

pmlindyloo

My question is, is the tenancy agreement considered renewed once I said "I'd like to renew" or am I on a rolling contract because I never signed the extension contract?

You are now on a preiodic tenancy because you have not signed a new rental agreement.

theartfullodger

A tenancy agreement (less than 3 years.. ) does not need to be written down, verbal is fine & legal.... until anyone wants to prove the terms agreed.

I'd say you are safe asserting you never signed and never formally agreed, and that any prior agreement was only "in principle, subject to contract". (eg if subsequently presented with the contract where the rent had gone up 30% the garden was now excluded & you had to cut the grass north<=>south then you'd never agree nor would any court expect you to..).

Unfortunately sending contract-with-name-errors back asking for corrections might be held to be an agreement. Think we'll/you'll only get a decision on if the new agreement is in place if & when it gets to court: My bet would be landlord/agent won't risk it..

Cheers!

Artful (Landlord..)

G_M

postexitus wrote: »

......and asked me if I wanted to renew with a small increase in rent and I said yes. ....?

A verbal contract was formed in law.

Proving it is another matter.Were there witnesses? Was the LL's offer, and your acceptance unambiguous? (ie or subject to contract etc).

As said, ultimately only a court ruling would determine the facts.

Oh, and have you started paying the increased rent? If yes, then clearly you have accepted the new contract......

theartfullodger

G_M wrote: »

Oh, and have you started paying the increased rent? If yes, then clearly you have accepted the new contract......

Yeah, killer.. Well spotted GM!

If you have been paying new rate I'd expect LL to take legal action.. (life ain't fair, SUMO!!)

Soot2006

Legal action for what?

Could be the T is hoping for the security of a contract, not trying to get out of it?

G_M

Soot2006 wrote: »

Legal action for what?

Could be the T is hoping for the security of a contract, not trying to get out of it?

Either way!

Landlord might be assuming it is Periodic and give tenant Notice accordingly. Tenant wishes to stay so LL goes to court....

Tenant might be assuming it is Periodic and give LL Notice accordingly. LL claims it is a renewed 6 month Fixed Term and demands rent, resulting in court acion.....

Ulfar

Surely the tenant wanted to renew the contract, however the contract has not been renewed as the paperwork hasn't been sent or signed by both parties. As others have said without the contract and its terms which may have changed it would be hard to argue that the tenant has agreed to the new contract.

The verbal agreement was to renew which hasn't happened. In fact the tenant has demonstrated his willingness to renew but has asked for a contract in writing, not his fault the estate agent haven't acted.

In this case I wouldn't have been paying any extra rent. a periodic tenancy has arisen under his current terms.

postexitus

so if worst comes to worst, and LL sues me, and I lose in the court, does that go into my record? is that a civil conviction? or is it just resolution of a dispute?

DVardysShadow

postexitus wrote: »

so if worst comes to worst, and LL sues me, and I lose in the court, does that go into my record? is that a civil conviction? or is it just resolution of a dispute?

What could the Landlord sue you for? You are paying the new rent - he would have a job to prove anything much other than a periodic tenancy on the old terms apart from the rent. So how are your proposing to breach the terms?

If the Landlord sues you and you lose, you get a CCJ against you. There is no such thing as a civil conviction. If you pay any money awarded against you within 28 days or whatever, then the judgement should not be recorded against you. If you don't pay it will go on your record for 6 years.

postexitus

I am fed up with the imcompetency of the management agency (after 2 and a half years), so I'd like to leave the flat. If there was a contract signed, earliest I could do that would be dec-12, but now I am Planning to give a notice for Oct-12 if i am considered to be on a rolling contract.


P.s. i am paying the new rent