From rolling contract to shorthold tenancy agreement

SerialRenter

Have a look on the letting agents website and find out which Associated Bodies they're with. The Association of Residential Letting Agents for example.

If they carry on straight up lying to you, i've put in a complaint against them (or at least threaten too).

Thats some seriously unprofessional bull you've been getting from them.

ali_hire

Is the Agent saying that the Landlord is specifically requesting you to agree to a new fixed term?

It's not uncommon for Landlords to make this stipulation and I have plenty of clients who will serve notice on a sitting Tenant who refuses to give them security of a fixed term (probably not this close to Christmas though, given the dates you'd be required to leave).

It is highly probable that the Agent is trying to earn a fee here though and that the Landlord may not be aware of the ultimatum you are being given.

You've requested your Landlord's name and address under Section 1 of the Landlord and Tenant Act but I wouldn't hold out much hope that you'll get their home address; more likely their name and the Agent's office presmises as a 'care of' address.

I'd do a Land Registry search for £3 and find it instantly if I were you. You could then look them up in the phone book if they're registered.

G_M

ShAnE wrote: »

So quoting the 1988 housing act and 1985 landlord and tenants act appears to have made them close up. As they didn't answer my question regarding being able to stay a tenant under the existing statutory periodic tenancy. Although they have answered the question as to why it is allegedly required.

"I will discuss the issue you have raised regarding the extension agreement with your Landlady.
I will get the information of the Landlady to you within 21 days.

The extension agreement is for mortgage purposes.

We have noted your email and we will reply to you with due course."

This is possible - if the LL is re-mortgaging, the mortgage lender may demand to see a current fixed term tenancy (though they should be satisfied with the original agreement and explanation that it is now a SPT.

Alternatively, if the LL has 'Consent To Let' on a domestic mortgage (as opposed to a Buy To Let mortgage) these are usually granted for, say, one year. If the LL is now wishing to renew the CTL, the lender may insist on a 6/12 month tenancy as they do not want the letting to go beyond the CTL renewal period.

But none of that affects your own legal position. Your SPT is valid.

If the LL wants you to sign a new FT agreement for their own benefit, they should certainly not require you to pay for the priviledge of helping them out!

I should now sit back and wait. Hopefully you'll get the LL's details and can negotiate direct and get to the truth of the matter.

stator

Agree with the above, if the Landlord has a genuine reason for requiring a fixed term tenancy you might consider it. You could still request the landlord pay all the fees though.
At the end of the day in your current situation you can still be evicted with 2 months notice, so entirely up to you what you do.

harrys_dad

You are already on a statutory periodic tenancy. The only way you can be evicted is by the landlord serving a S21 giving 2 months notice, and then taking you to court if you do not leave. The agent cannot do this. I suspect that no landlord would want to lose a good tenant because the letting agent is greedy for fees. Contact the landlord directly at the address on your tenancy agreement for serving notices. If this was my agent I would sack them immediately.

(apologies for duplicating information from others, had not updated page before posting)

ShAnE

Just a quick update for you all.

I followed your advice and received the following response.

"Many thanks for your concerns regarding the extension agreement issue. I have taken over from **** and have spoken with *** ***** your landlady.

She has agreed that for the time being you can stay in a periodic tenancy until she requires the extension agreement to be enforced.

For your reference and as you requested the landladies address is:

***************************************

I hope this clears up the situation as I think miscommunication has occurred."

Which I think is a reasonable outcome.

Also the address they provided me with for the Landlady is not the LA address, it is her actual address. So I will think about sending her a letter confirming our intentions with the property for the foreseeable future.

jjlandlord

They are so full of it...

stator

Good news