Cannot commit to new 6 month term - LL reluctant to accept statutory periodic

Jimmcwibb

franklee wrote: »

That the agent is threatening to start proceedings in the county court so soon on the back of the old S21 that was served at the last renewal and that the tenant was probably told was just routine has probably come as a bit of a shock. It is quite a mixed message to go from thinking you are negotiating to remain to possession proceedings being kicked off within the space of a week.

Hi all, OP here.

Sorry for not replying earlier, I had no idea this would blow up into a big discussion.

The above assessment of the situation is spot on... to threaten to use the S.21 like this on good tenants seems absurd to me. There are many options (shorter fixed term, contractual periodic) that have not been explored yet (or if they were explored by the LL, that information was not relayed in the email).

As for the S.21 validity. It was served on the same day as the renewal, and I made sure to date my signature. It's my feeling it probably isn't valid. But I don't want to test this, I just want the hassle over and done with ASAP.

Some have commented on me needing to "pull my finger out" and decide what I'm doing. If only it were that simple. I rely on short 2-3 year fixed contracts for work, and my next contract could be anywhere in the world. I am hopefully waiting to hear on an extension to my contract, of initially 3 months, and possibly more. I hope that explains the situation better.

After reading all your comments I think my plan is to ask to explore the options fully, initially with a contractual periodic tenancy. I will also ask for the LL's contact details (the address for the LL on the contract is the agent's shop...) and try to speak to the LL directly and calm things down a bit.

Thanks all for your comments.

pinkteapot

Guest101 wrote: »

The real point is, the agents are writing this, not the LL. And that could be important.

This. Agents hate statutory periodic tenancies because they don't get their renewal fee every six months. It's a joke.

If you're a good tenant - if you've paid on time and are looking after the place, I haven't met a LL yet who would rather have you leave and have to re-advertise than just let you stay on a statutory periodic tenancy. I've rented twice and gone onto periodic after the first six months. I ended up staying a further two years in one place and over a year in the other.

If you have the LL's own details on the lease you could write them a short and friendly letter explaining, and asking if they mind you staying on a periodic tenancy. You risk the wrath of the agent though.

G_M

Jimmcwibb wrote: »

..... I will also ask for the LL's contact details (the address for the LL on the contract is the agent's shop...) and try to speak to the LL directly and calm things down a bit.

Landlord & Tenant Act 1985

1 Disclosure of landlord’s identity.

(1)If the tenant of premises occupied as a dwelling makes a written request for the landlord’s name and address to—

(a)any person who demands, or the last person who received, rent payable under the tenancy, or

(b)any other person for the time being acting as agent for the landlord, in relation to the tenancy,

that person shall supply the tenant with a written statement of the landlord’s name and address within the period of 21 days beginning with the day on which he receives the request.

(2)A person who, without reasonable excuse, fails to comply with subsection (1) commits a summary offence and is liable on conviction to a fine not exceeding level 4 on the standard scale.

However it can be hard to persuade Trading Standards or the council to prosecute. I've never actually heard of it happening.......Hopefully quoting the act to the agents will be enough.

Jimmcwibb

G_M wrote: »

Landlord & Tenant Act 1985

Brilliant, thanks for that.

Jimmcwibb

Argh, more rubbish!

Dear XXX and XXX

Thank you for your email.

Legally, a rolling contract is a statutory periodic tenancy, the reasons for being unable to offer you this have been explained previously.

The 1988 Housing Act (Amended) does not make provision for a fixed-term tenancy for less than six months, so a shorter term tenancy is also not possible. A fixed term tenancy cannot have a break clause.

If you decide to renew the tenancy and find that you need to leave early, then your tenancy agreement makes provision for this. Your tenancy agreement confirms the cost of so doing as being one month’s rent, plus VAT. The specific clause is extracted here:

4.4.18 To pay the landlords costs in finding a replacement tenant in the event that the tenant wishes to leave the property before the end of the contracted term. The tenant is contracted to pay rent up to the date that a replacement tenant commences tenancy at the property. This clause is provided at the sole discretion of the landlord

The landlord has retained us to act on her behalf and respectfully asks that all contact be made through us. I have fully explained your position to the landlord. Our obligations under Section 48 of the 1999 Housing Act (Amended) have been fulfilled.

I look forward to this matter being concluded no later than 5.00pm on Friday 10th July 2015.

Kind regards.

Yours sincerely

:mad:

I suppose we could just sign the 6 month and accept the cost of getting out of the contract.

thesaint

Reply that you have taken advice from Shelter on the matter, and you have been told that a fixed term tenancy can be of any length.
So on that basis, you are happy to sign for 3 months.

Give them the number for Shelter to confirm it for themselves

Nobbie1967

If the LL's concern is having the rent guaranteed, then you could offer to pay three months up front to tide you over until you know about your next job. If you find you're likely to stay put you can then agree to sign a new contract.

However, I suspect the agent is more concerned with earning fees, rather than doing what's best for the LL.

mrginge

thesaint wrote: »

Reply that you have taken advice from Shelter on the matter, and you have been told that a fixed term tenancy can be of any length.
So on that basis, you are happy to sign for 3 months.

Give them the number for Shelter to confirm it for themselves

From the LL's perspective, what is the benefit of a three month agreement that would persuade them to agree to this?

jjlandlord

At this point I think that they are just taking the p*ss. I cannot believe that a letting agent could genuinely believe anything that they wrote...

thesaint

mrginge wrote: »

From the LL's perspective, what is the benefit of a three month agreement that would persuade them to agree to this?

They have a guarantee of rent for three months instead of the current rent situation where they are only certain of rent for another month.