Agent wants to renew tenancy with fixed term contract! Feel trapped!

mrginge

bebewoo wrote: »

mrginge it's 99% likely that the landlord has nothing to do with this it's the letting agent trying to get fees from landlord and tenant for redoing the agreement.

No it isn't.

Taucher

natrapx wrote: »

Have you explained about the baby and wanting to buy a home? We are in a similar position. Our tenancy ran out in Feb, and they wanted us to resign but explained that we are looking at buying a house this year, and when we told them that, they let us go on a rolling month by month.

I have explained to the letting agency what our situation is and they were decidedly unmoved. Our landlady is un-contactable and has the agency manage everything for her.

Taucher

Guest101 wrote: »

You will, automatically, switch to a rolling monthly contract (with 1 month's notice, not two) if you stay even a second past the fixed term.


The LL is of course able to serve a two months notice of court, then court, then bailiffs, which takes in total 4-5 months - which should fit nicely with your house purchase.
I would tell the agents you are considering your options and then not reply any further.

Thanks for this. It's not a situation I would like to be in and hopefully the landlady would like to keep us on!

bebewoo

Taucher is it possible to contact your landlord directly and ask?
When I was in a similar situation I contacted the landlord and discovered that the agent had lied and said I wanted to renew my contract.
My landlord was happy to put me on a rolling contract as the agent charged him renewal fees too for a new fixed term.
The letting agent will only lose out if you get what you want there is no incentive for them to put you on rolling. If you sign a new fixed term they get renewal fees, if you move out they get marketing fees.

Taucher

ViolaLass wrote: »

Not being able to move until June 2016 wouldn't kill buying somewhere next year though. By the time you've found somewhere, the chain has completed and everyone is happy, that could easily get you to May or so (leaving you free to give notice to move out in June or, as pointed out above, just leave in June).

This is true but the property market where I live is ferocious! Properties are going for above asking price and/or very quickly and on top of that there are not many coming up for sale. The problem is if we found the perfect house in December, we would have to pass on it because we might put ourselves in a position where we have to pay for two properties. On the other hand, if we still havent found anywhere in June, we would have to commit to another 7 months.

RAS

Check the Land Registry for details of the ownership of your rented property? Costs £3.

Guest101

Taucher wrote: »

Ha! Landlord yourself, are you? Yes, I think it is unethical to try and force someone into a fixed 7 month (minimum) contract at the end of 2 years renting. - Your ethics are irrelevant. This is business. I think it is unethical of the letting agent to present it as the only option so that they can extract more money from me (£100 'admin' fee for the new contract), - You don't have to pay this (explained above)especially as the letting agent does not, and has never, provided a service to me. - They have, they no doubt carried out checks at your request, and facilitated your letting of your current home.

The letting agent has made it clear that the Landlord has instructed them to offer a minimum of a 7 month fixed contract. The letting agent has told me that they will re-market the property for rent in the middle of November if we do not sign the 7 month extension. - That is their right. But as I said, 2 months notice, + court + bailiffs takes a while. And no doubt you wont be accommodating to viewings.

A rolling contract with a notice period for EITHER landlord or tenant seems like the best option for all parties. - In your opinion.

Or should we do everything in our power to make life easier for landlords and who cares about tenants?

No, you should look after number 1, no-one else is going to.

G_M

You can

1) do nothing. Move to a SPT (monthly) at the current rent and wait for either a
* nothing to happen or
* S21 Notice to start eviction (2 months etc) which you might or might not get.

Deposit paid? Protected properly?

2) sign a new 7 month agreement, which seems unwise if you are thinking of moving.

Read:

* Ending/renewing an AST: what happens when a fixed term ends? How can a LL or tenant end a tenancy? What is a periodic tenancy?

* Deposits: payment, protection and return

As for the LL's address, have you written to the agent requesting it and quoting the 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.

nomoneytoday

What can the agent do on 30th November if you don't sign?

G_M

nomoneytoday wrote: »

What can the agent do on 30th November if you don't sign?

Worst case, and if instructed by the landlord, serve a S21 Notice.

this gives two months notice, after which the LL could apply to a court to end the tenancy, whih takes around another 3 - 6 weeks.

Unless, of course, you have already been served with a (valid) S21. Have you?