Already being asked about renewing tenancy

edwardmluk

So a simple response saying we don't know and we're not agreeing to any viewings until we do know when we are leaving?

No need to mention we'd give them some months of notice for common courtesy.

edwardmluk

Found this snippet online:

The landlord has a right to repossess the property without giving any grounds for possession at any time after any fixed term comes to an end or at any time during a contractual or statutory periodic tenancy, provided it is at!least six months since the start of the original tenancy

So even the government says 6 months is the bare minimum and that's to request eviction.

BTW, we're in Wales and yes the deposit is protected and the correct paperwork was provided.

princeofpounds

OK thanks for the extra info.

In practice the LA/LL would find it very very hard to actually book up tenants for next August unless they are stupid. But if the LA/LL is spiteful or stupid then they might end up creating problems for themselves.

That's because you have a tenancy and cannot be kicked out unless you agree to leave, or a court order is made.

As long as you pay your rent, the LL couldn't even apply for a court order until the end of the fixed period. And that would take at least 6 weeks and probably more. So he cannot guarantee vacant possession to any new tenants and would likely be forced to pay compensation to them whilst continuing to house you.

Now you can just play hardball, deny all viewings (I assume you rent the whole house and not rooms?), say you'll only talk when ready. The problem with doing this is that the communication may be interpreted as hostile thanks to the LA.

So you probably want to take out a softer approach and reply to the letter saying that you have no plans to move out at the end of the current fixed term and that you would be well-disposed to talk about a contract renewal at a reasonable point nearer to the time. Given that, you would not permit any viewings until those renewal discussions are done.

Unless you have a break clause, what can they do? They can serve you notice but it doesn't take effect until August. And if you want to renew at that point it makes little economic sense to kick you out as they will just create a void for themselves. They can't/shouldn't sign a contract with anyone else, and if they do it doesn't supersede your rights, as that is only a contract whilst you have a tenancy (as you are in occupation).

edwardmluk

The softly softly approach is far more enticing. We've met their demands thus far (a house inspection a couple of months into the tenancy, and organising paying the rent in a single lump every month rather than each of us doing a separate standing order). And hope that they will just leave us to live in peace.

Yes we rent the entire property.

I shall get back to them saying pretty much what you two (B&T, Po£s) have written.

Ta.

RAS

edwardmluk wrote: »

My plan, just say yes we're staying and to ask for no viewings to be done. Should we decide to leave, I believe legally we only have to give a full month's notice but we'd be willing to give 2 or 3 if the agency is really pushy (which they are).

Legally you are not required to give ANY notice of a decision to leave at the end of the fixed term as long as the property is vacant by 11.59 on the lst day and the keys returned. It is polite to give more and sensible to give a little time for the LL to organise the leaving inventory.

The LL has to give you two month's notice, the arrangements vary slightly depending on whether this is given during the fixed term or during a periodic tenancy.

dancingfairy

You can say anything you like now. It is irrelevant unless you sign a new contract. You can say you want to stay but unless you actually sign you can leave at the end of the fixed period or you could say that you will leave at the end of the tenancy agreement but subsequently change your mind (or just refuse to leave) and the only way they could get you out is by court order. Obviously I'm not suggesting you play games but I personally would just keep things open at this stage and say you haven't made any plans yet and you will be considering your options nearer the time. As has been said they would be stupid to allow viewings when they can't guarantee the property. You can even refuse viweings if you feel that they will show people around anyway. There's not a lot they can really do about it, apart from go to court to argue the point about viewings. I can hardly see a judge agreeing with them that they need to commence viewings now in case you decide not to renew your tenancy agreement in August.

df

dimbo61

We are in the middle of student viewing season !
It started in October I kid you not.
Groups of 1st year students who arrived in september are ringing up and viewing student properties every day !
Please look at this from a landlord's view ! He or she has a 4/5/6/8/10 bedroom property which they need to rent out every year.
Students want to rent good quality safe houses and flats which get snapped up quickly.
Signing a contract for a property in November/December for next July/September is not unusual.
Student landlords are always happy for tenants to stay 1/2/3 years But groups change nearly every year.
Pass the degree, fail exams, move in with fellow students etc

G_M

Either ignore completely or say you don't know.

Don't get involved in extended dialogue as this will tie you in knots. A simple "Sorry, I don't know yet" and walk away/put the phone down whatever.

Meanwhile, read:


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?)

Brallaqueen

Is this property rented as a whole or do you have separate tenancies for each room? I only ask as you mention organising lump sum rent payment rather than individual payments.
I believe, and someone please correct me if I am wrong, that if you only rent a room each, rather than a joint tenancy, the LL has access to the common parts and may well use this as an excuse to conduct viewings?

princeofpounds

I believe, and someone please correct me if I am wrong, that if you only rent a room each, rather than a joint tenancy, the LL has access to the common parts and may well use this as an excuse to conduct viewings?

Correct, but the OP has already confirmed that they rent the whole house.