End of 12 month contract - letter from Letting Agent - help!

samehat

Hello,

My partner and I have a 12-month rental contract which ends on the 23rd of August.

We received a letter from the LA this week, dated 28/06/13, enquiring as to whether we wish to renew our tenancy agreement or move out.

The letter states "If you do not wish to renew the agreement with your current landlord, we are required to serve two months written notice." It goes on to say "Please note that if we do not hear from you, your landlord will be advised to serve notice to regain possession of the property at the end of the fixed term."


I find this difficult to believe, as we were told by the LA when we signed the contract last August that after 12 months it would automatically move to a rolling contract.

Furthermore, they refer to two months notice being needed not to renew the contract, although the letter was sent less than two months before the end of our contract.

When the landlord was here for some repairs a couple of months ago, we discussed staying on and that we would move to a rolling contract!

Could somebody please advise on the legal position here - are they telling the truth or just trying to get the fee out of us for signing a new contract?

[Deleted User]

Most likely they are trying to get a fee from you. Agents act on behalf of a landlord, they don't control the landlord, if you have a verbal agreement with your landlord that you will remain and the agent is saying otherwise, contact the landlord! Explain the situation (you wish to remain on a rolling contract, the agent wants a renewal fee from you) and see what they say.

As an aside, they have to provide you with at least 2 months notice, at which point they can seek possession through the courts, as it is now July they have missed the cut off for notice before the end of August so they will have to let you enter into a rolling contract if you refuse to sign a new agreement.

spacey2012

just contact the landlord and ask where he wants the rent paying to at the end of the 12 months

samehat

Thanks for the advice - I've just contacted the landlord and he has said he's happy to go on to a rolling monthly contract!

Werdnal

Typical agent bullsh1t - they want a renewal fee and if you go to a periodic, there is nothing to renew so they go without their cash!

Do you know LL's contact details? Go direct, nice polite letter, stating you have been led to believe by both him and the initial meetings with the agent that after FT you would continue on an SPT. Tell the LL that agent is badgering you to renew otherwise they are threatening to give notice - I love the way they say they will advise LL to give notice if you do not renew - they don't decide when to give notice, the LL does!

For the time being, do not discuss anything at all with the agents, just deal direct with the LL. Agents will charge him for a renewal too, so no need for him to line their pockets either!

NOTE: Cross posted with above.

OP, no doubt the agents will come back and pester you for this, so might be best to confirm your conversation in writing to the LL, just to cover yourself when they start getting shirty! Write a short letter confirming the details you discussed today, and that you tenancy will be replaced by an SPT from XX date. Keep free proof of posting from the PO counter.

neas

This wasn't countrywide/taylors letting agent was it?

Did the same to me... almost same words. I rang up and offered option 3.... stay on an AST... and if landlord wants to kick me out give me a section 21.

samehat

Actually it is heart (change the e for an a) - if it wasn't for the landlord being a decent sort and happy to sort out repairs when needed I think I'd be eager to move on asap

(there is a location that would be better for us work-wise that I've been keeping an eye on but the hassle of moving and setting up again is keeping us put, along with the space/storage this place offers vs what we could get there - although there is currently a place available there with a much lower rent than ours, and a garden, which I yearn for!).

Werdnal

It doesn't have to be any particular letting agent - most work of the same hymn sheet!

G_M

katherina wrote: »

Thanks for the advice - I've just contacted the landlord and he has said he's happy to go on to a rolling monthly contract!

Contact him again and make sure he is instructing his agent to facilitate this, otherwise you may have ongoing hastlefrom the agent.

They won't be happy to be losing out on their fee from you, OR their fee from the LL, for arranging a new Fixed Term.

Ending/Renewing an AST (what happens when the Fixed Term ends?)(What is a Periodic Tenancy?)(How can a LL remove a tenant?)(How can a tenant end a tenancy?)