Renewing Rental Contract

liveyoung

I know there are many threads on a similar subject, but I can't find the solution to my particular issue.

I stared at 12 month AST on 15th July 2014, I read the contract and knew that the letting agent would charge a fee if a new contract was required after 12 months, but as I have always gone onto a periodic tenancy after the initial contract, I wasn't too concerned.

On May 18th this year, I received a section 21(b) from the agent with an attached letter stating that the landlord was happy to renew the contract and did I agree to this. Sent them an e-mail requesting a periodic tenancy instead and the agency informed me that a fix contract was at the landlords request.

I spoke directly to my landlady, with whom I have a reasonable relationship and explained that I resented paying the letting agency for printing off a new contract that I didn't really need and would she consider a periodic tenancy instead. She said that she would prefer fixed term, but if the fee was my only concern then she would speak to the agent.

She has now sent me an e-mail saying that having spoken to the agent she feels it would be better to renew with a new fix term contract as originally offered.

I really like the flat, and don't want the added cost of moving again - requested the contract which has arrived, along with an invoice for £72.

Since a 21(b) has been issued, I'm guessing I don't have much choice left but to pay it. But I wanted to check if anyone had any other ideas.

Thanks.

fishpond

You do not have to sign a new contract at all.
But expect the S21 to be actioned.
Your call.
Question:-
Why is the LL asking for another fixed term, is there an underlying reason for this?
The reason I ask is that as a fixed term, you have security for that length of contract, providing you do not fall foul of any section 8 reasons for eviction.
Whereas in a periodic you can be given 2 months notice at any time.
So as you like living there, it is in your best interest to go for a fixed term, even though it is going to cost you.
£72 is cheap in this neck of the woods!

TrickyDicky101

ignore it? You will be on a periodic tenancy by default and then the landlord will have to decide if they want to risk a void period if they do get you to vacate.

EDIT: or agree to the fix only if the landlady reimburses the cost of the contract? The reason you have to pay for this is the landlady's decision to use this agent so IMO she should bear the cost.

jjlandlord

Your landlady sounds inexperienced and easily bamboozled by her agent.

IMHO, there is a 99% chance that nothing will happen if you do not agree to a new fixed term tenancy.

TrickyDicky101 wrote: »

EDIT: or agree to the fix only if the landlady reimburses the cost of the contract? The reason you have to pay for this is the landlady's decision to use this agent so IMO she should bear the cost.

Why pay and be reimbursed when he could just as easily let the landlady deal with her agent and pay him whatever he wants? (assuming OP agrees to a new fixed term tenancy)

Pixie5740

Just the other day jjlandlord you were saying that a landlord wouldn't use a Section 21 to get rid of a good tenant for no good reason. Maybe you wouldn't but not all landlords are as on the ball as you seem to be.

A Section 21 does not end a tenancy. The tenancy can only be ended by you, the tenant, and a court so if your landlord really does not want you to have a SPT then she would have to go to court to get an eviction notice. There's no defense against a correctly issued Section 21 so you would eventually have to move out sooner or later. The question is, would the landlord go that far to get rid of a perfectly good tenant?

pmlindyloo

Letting agents often send out a Section 21 when they want you to renew a contract (and charge for it). That doesn't mean they (or rather the landlord) wants possession of the property)

My landlord's letting agent sent me a Section 21 at the end of the fixed term even though I was buying the property!

The question you need to ask the landlady is 'will you action the Section 21 if I go onto a statutory periodic contract?'

If she says 'yes' then you have to make the decision whether to pay the renewal fee or not.

The sooner this is outlawed the better.

Plus, is your deposit protected? And is the Section 21 valid?

jjlandlord

Pixie5740 wrote: »

Just the other day jjlandlord you were saying that a landlord wouldn't use a Section 21 to get rid of a good tenant for no good reason. Maybe you wouldn't but not all landlords are as on the ball as you seem to be.

Have you got examples, then?

liveyoung

Thanks all for your input.

Yes, my deposit is protected and I have no reason to believe the section 21 is invalid.

My landlady runs a number of properties and seems to want them all on fix term - which I don't have a problem with, I am happy to stay for a long time to come. I just resent any charge for printing out a few sheets of paper with the date changed.

I will admit that I would be very nervous to 'call their bluff' and the tenant before me was evicted (he wasn't paying his rent or any bills) so she's done it before. And I am in a good flat, with very reasonable rent and would be hard pressed to find somewhere else if they did pursue the eviction.

I have no intention of cutting off my nose to spite my face....moving would cost far more in associated costs than £72. I'm just amazed that letting agents are allowed to charge this (and I realize in other cases far more) for doing virtually nothing.

I'm not even in a managed property - they only thing they do is the paper work!

Pixie5740

jjlandlord wrote: »

Have you got examples, then?

Do you mean other than this thread we are both posting on? There have been several threads on here recently with letting agencies insisting on renewals.

jjlandlord

liveyoung wrote: »

I will admit that I would be very nervous to 'call their bluff' and the tenant before me was evicted (he wasn't paying his rent or any bills) so she's done it before.

She evicted a non-paying tenant? No way!

Tenants should stop complaining about renewal fees because, at the end of the day, they are happy to pay them, apparently.

Pixie5740 wrote: »

Do you mean other than this thread we are both posting on? There have been several threads on here recently with letting agencies insisting on renewals.

This thread is not an example at all: Has OP been evicted? No.

Letting agents insisting on renewals are not examples, either: Yes, they use aggressive methods of negotiation but are tenants actually being evicted?

Guest101

Or sign the contract, keep a copy.

Dont pay the fee.

Return the original contract to the landlady.

- But to be fair id be asking you to be a guinea pig to see if they'd legally chase the £72