Tenancy 'Renewal Fee'

p1212

ollyver27 wrote: »

Also worth noting I have purchased the landlord's details off the land registry website, but obviously this is only an address so would need to send a letter (what if he is on holiday, or doesn't respond, doesn't care, etc.). Is all this a risk that I can't afford to take?

Aren't his details on the contract?

This agency is really greedy, but in most of the cases the landlord won't care about this all and won't get involved, last thing he wants is to be contacted directly by the tenants about issues - that's why he pays for an agency.

Also the agency makes sure everything is ok with his property, this is the most important thing for him, so he will do what they say.

ollyver27

p1212 wrote: »

Aren't his details on the contract?

This agency is really greedy, but in most of the cases the landlord won't care about this all and won't get involved, last thing he wants is to be contacted directly by the tenants about issues - that's why he pays for an agency.

Also the agency makes sure everything is ok with his property, this is the most important thing for him, so he will do what they say.

Thanks for your comment. You're the first person in the thread to say this - do you not think that landlord has an inherent interest in his investment? Although I obviously do take your comment on board and this could be a possibility, and that is why I don't know whether I'm playing a game of high risk here...

And no, his details on the AST were his name then just C/O XYZ Letting Agency Ltd

Any comments on my last post in terms of the email I should send to the letting agent?

Cheers

thesaint

I have only skim read, but to me the Sec 21 is valid.

ollyver27

thesaint wrote: »

I have only skim read, but to me the Sec 21 is valid.

Thanks - Why do you think this?

Out,_Vile_Jelly

p1212 wrote: »

Aren't his details on the contract?

This agency is really greedy, but in most of the cases the landlord won't care about this all and won't get involved, last thing he wants is to be contacted directly by the tenants about issues - that's why he pays for an agency.

Also the agency makes sure everything is ok with his property, this is the most important thing for him, so he will do what they say.

The agency is "supposed" to make sure everything is ok with the property, but based on my 10+ years of renting they are far more interested in pursuing made-up charges than protecting the LL's valuable asset.

Many LLs pay a hefty cut in rent to these agents, and a (polite, non-ranty) letter from a tenant is often a real eye-opener as to their behaviour. My last agent even told me I "wasn't allowed" to contact the LL myself.

OP, you should be able to find the LL's address by looking up the property on the Land Registry. Otherwise, send the letter c/o the agent (with a typed label on the envelope so it looks official) and they should forward it on. If they open it, the LL will really want to hear about it!

Ignore their email for the moment.

ollyver27

Out,_Vile_Jelly wrote: »

The agency is "supposed" to make sure everything is ok with the property, but based on my 10+ years of renting they are far more interested in pursuing made-up charges than protecting the LL's valuable asset.

Many LLs pay a hefty cut in rent to these agents, and a (polite, non-ranty) letter from a tenant is often a real eye-opener as to their behaviour. My last agent even told me I "wasn't allowed" to contact the LL myself.

OP, you should be able to find the LL's address by looking up the property on the Land Registry. Otherwise, send the letter c/o the agent (with a typed label on the envelope so it looks official) and they should forward it on. If they open it, the LL will really want to hear about it!

Ignore their email for the moment.

Thanks for your advice. So you don't think I should send this email to the letting agent?:

Hi <their name>,

Thanks for your quick response.

A couple of questions I need to clarify before we reach a decision:

- Our contract commenced on the 22.6.13, and states this was for 6 months. Thus, as the 6 months ended on 22nd December, can you please confirm that by default we have already entered a SPT?
- Thus, can you please clarify how the date 21.2.14 has been generated?
- Can you also confirm that your original S21 expired on the 21st December, alongside your AST?

As I said, we will let you know on confirmation of the queries.

p1212

If you have a joint tenancy at the rolling stage and one of the tenants finds out next month he wants to leave, it will end the periodic tenancy for all. If they draw up a new contract, just one of joint tenants cannot end the tenancy until the end of the fixed period (1 year).

Also a new contract makes it impossible for you to leave in 6 months - not even if all of you want to move - what might happen otherwise.

So actually it is safer for the landlord to draw up a new contract every year.

DRP

ollyver27 wrote: »

Thanks for your advice. So you don't think I should send this email to the letting agent?:

Hi <their name>,

Thanks for your quick response.

A couple of questions I need to clarify before we reach a decision:

- Our contract commenced on the 22.6.13, and states this was for 6 months. Thus, as the 6 months ended on 22nd December, can you please confirm that by default we have already entered a SPT?
- Thus, can you please clarify how the date 21.2.14 has been generated?
- Can you also confirm that your original S21 expired on the 21st December, alongside your AST?

As I said, we will let you know on confirmation of the queries.

If it were me and I was sure of the date the tenancy began, I wouldn't be phrasing any of that as a question. Make it a lot more assertive to state that you are currently on an SPT as your original 6 month tenancy expired on DDMMYY and therefore you have no need to sign another contract... same goes for the s21

ollyver27

Responses to my questions in red....

- Our contract commenced on the 22.6.13, and states this was for 6 months. Thus, as the 6 months ended on 22nd December, can you please confirm that by default we have already entered a SPT? Yes you have
- Thus, can you please clarify how the date 21.2.14 has been generated? The landlord was not sure he wanted to continue renting out the property, he has now confirmed that he does and his wish is that an Assured Shorthold Tenancy is put in place. You have paid rent up to an including 21.2.14 and should you not wish to renew your tenancy and pay the appropriate fees that will be your final day in the apartment
- Can you also confirm that your original S21 expired on the 21st December, alongside your AST? No, the S21 is valid for 12 months from the date of issue
- Can you please clarify why we have until 24.1.14 to tell you of our intentions, given the above? You may tell us before that date if you prefer - however, the landlord wishes to make plans for his property so out of courtesy we have given you a few days to give us your decision. Should we not hear from you by close of business on 24.1.14 we will assume that you do not wish to remain in the property and it will be advertised to be let to alternative tenants. We really don't mind either way, so the decision is entirely your own.

Getting tired of this now

Guest101

p1212 wrote: »

If you have a joint tenancy at the rolling stage and one of the tenants finds out next month he wants to leave, it will end the periodic tenancy for all. If they draw up a new contract, just one of joint tenants cannot end the tenancy until the end of the fixed period (1 year).

Also a new contract makes it impossible for you to leave in 6 months - not even if all of you want to move - what might happen otherwise.

So actually it is safer for the landlord to draw up a new contract every year.

Well they can negotiate a surrender at any point.

The fixed term would be whatever they agreed, 1month upto x years.

The ll could lose good tenants who may want the flexibility, but could infact stay longer than a year