From rolling contract to shorthold tenancy agreement

ShAnE

Hi all,

Hoping someone with experience can help here.

In November 2013 we rented a flat through a letting agent with a contract of 6 months. After the 6 months was up we asked if we could move to a rolling contract and this was agreed.

However now we've been sent another 6 month tenancy agreement and been told that due to currenct circumstances the landlord requires us to be in an extension agreement.

Has anyone ever heard of this? Surely if you agree to switch to a rolling contract after the original tenancy agreement expires then you can't ask someone to tie themselves back into a tenancy agreement 6 months later. So i'm just wondering if the letting agent is trying to generate a bit more cash for themselves by telling us this needs to happen.

Thanks,

captainhindsight_2

Nothing sounds wrong with that.

It gives you security that you cannot be evicted for 6 months, and it gives the landlord security that you will be there paying rent for 6 months.

If you have no intention of moving anytime soon I don't see the problem.

It could be a ploy by the letting agent to get some money for setting up a new agreement... but i'm sure they wouldnt do that....

silvercar

Maybe the landlord is nervous that you could leave towards the end of the year and he have a void over Christmas?

ShAnE

Possibly. It just seems very strange that we have only been given the option of either signing the agreement (and being charged fees for the pleasure). Or giving 2 months notice.

fairy_lights

How much are they trying to charge you for this?
It might be worth contacting the landlord directly to check that he has actually instructed this. If he has, say that you are happy to sign the new contract as long as he is willing to cover the fees.

jjlandlord

If you're fine with being bound for 6 months reply that you are happy to help out the landlord by accepting, on the condition that you are not charged anything.

stator

It's a common tactic by rental agencies to write letters giving you the option of paying a renewal fee or moving out. Most of the time they are bluffing.
I would write a letter to them asking them to clarify exactly what the reason is for the new tenancy. Ask them directly if you can remain in the property on the same periodic tenancy that is currently in force.
If they write back that you have to renew or be evicted then you have to make the choice yourself.
If they avoid the question altogether, write back again asking them to clarify clearly whether you can stay on the periodic tenancy.
Personally I wouldn't renew unless they put it in writing but you always run the risk of being evicted if you are seen as a problem tenant.
If you have an address for the landlord ask them directly if you can stay on a periodic. If you don't have an address try to get hold of one.

ShAnE

jjlandlord wrote: »

If you're fine with being bound for 6 months reply that you are happy to help out the landlord by accepting, on the condition that you are not charged anything.

That's exactly what I said to the letting agent and they replied with the following:

"Unfortunately you will need to pay the extension fee and sign into either a 6 month or 12 month contract.

The only other option we will have in this matter is to accept two months notice".

I followed up asking why the Landlord would not be willing to pay the fees and was told the following:

"All of our tenants pay for there extension, the landlord does not pay for your contract to be extended.

It states within your contract that you need to have an extension agreement in place, this is stated in clause 7.5 of your contract.

At the moment you are not within a contract for this property, your landlord needs to have a contract in place as do you."

Just seems to me that the letting agent woke up on the wrong side of the bed today, and i'm either going to have to shell out £80 every 6 months for them to spend 5 minutes filing away a piece of paper, or face eviction.

fairy_lights

ShAnE wrote: »

That's exactly what I said to the letting agent and they replied with the following:

At the moment you are not within a contract for this property, your landlord needs to have a contract in place as do you."

Bullpoo.
Of course you have a contract, what do they think a periodic tenancy is?
I would be tempted to call their bluff on this and refuse to pay, if they serve you notice contact the Landlord and tell him what's going on...I bet he wouldn't be too happy about losing tenants because of something like this.

jjlandlord

ShAnE wrote: »

Just seems to me that the letting agent woke up on the wrong side of the bed today, and i'm either going to have to shell out £80 every 6 months for them to spend 5 minutes filing away a piece of paper, or face eviction.

You should keep in mind that agents are bluffing all the time (to put it politely).

ShAnE

Thanks guys, are the letting agents required to provide me with the Landlords details if I ask for them? As i'm sure the landlord wouldn't be best pleased if I were forced to serve 2 months notice on 23rd October. Leaving his/her flat empty over Christmas.

RE: Section 7.5 above in my contract. It actually just states that contract extension will incur a cost of £80. So I am more certain that they are talking nonsense.