What to do when fixed term contract expires

immuno

Hello everyone,
My partner and I have been on a fixed term contract for the last year, which is coming to an end in mid-February. The estate agents have emailed us already, asking if we'd like to renew, and if so, there's a charge of £100. If we don't wish to renew, we should let them know in writing, etc. Correct me if I'm wrong, but I believe it's our right to go on a periodic, monthly rolling contract after this term? I can't see anything in our tenancy agreement against that...
My question is how we can go onto this rolling contract. Ie. Do I need to write to them and openly state that we don't want to renew for another year, but want to go on this contract, or do I just say I dont want to renew and we'll automatically go on the rolling contract? I don't want them to think that we definitely want to move out in February...
Ideally, we'd like to stay here for an extra 3-4 months max. I've thought of asking for a 6 month extention, but a rolling contract would be the best.

Thanks in advance!

m0bov

Do nothing or speak to your LL directly, a friendly chat and sound him/her out maybe.

pmlindyloo

immuno wrote: »

Hello everyone,
My partner and I have been on a fixed term contract for the last year, which is coming to an end in mid-February. The estate agents have emailed us already, asking if we'd like to renew, and if so, there's a charge of £100. If we don't wish to renew, we should let them know in writing, etc. Correct me if I'm wrong, but I believe it's our right to go on a periodic, monthly rolling contract after this term? I can't see anything in our tenancy agreement against that...
My question is how we can go onto this rolling contract. Ie. Do I need to write to them and openly state that we don't want to renew for another year, but want to go on this contract, or do I just say I dont want to renew and we'll automatically go on the rolling contract? I don't want them to think that we definitely want to move out in February...
Ideally, we'd like to stay here for an extra 3-4 months max. I've thought of asking for a 6 month extention, but a rolling contract would be the best.

Thanks in advance!

First of all double check that there is nothing in your contract which states what will happen at the end of the fixed term if the tenant does not renew.

Next check that a Section 21 wasn't issued after you began your fixed term tenancy. Some landlords/letting agents do this 'just on case' the tenant doesn't renew and they want them to leave.

Everything you need to know is in this thread

http://forums.moneysavingexpert.com/showpost.php?p=67759913&postcount=4

so read it carefully.

Letting agents often want you to renew to charge the fee. If the LA makes a fuss about you going onto a periodic tenancy (which it will automatically go onto if you do nothing) then try having a word with the landlord and see what they say.

The landlord cannot get you out immediately if you don't renew but could send a Section 21 for possession if they prefer a fixed term.

Once you have spoken to the landlord you will know what is your best option.

Post again if you have any problems and we can give you further detailed help.

G_M

You can

* discuss or write politely (to agent and/or landlord) saying you are happy in the property, have no plans to leave, but will be moving to a periodic tenancy
or
* do/say nothing. Just don't move

In both cases, you'll move to a periodic (rolling) tenancy, however the former approach is more polite (not unreasonably, LLs do like to know their tenant's plans!) so helps maintain a good relationship than silence

See

* 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?

immuno

Thanks everyone. I was just wary of saying nothing, in case the LA can kick us out. The email asks us to inform them in writing if we don't want to renew, so that's why I wasn't sure! I will check the tenancy agreement and see if a Section 21 was issued.

Sadly, our property is managed directly by the LA, so we don't even have the landlord's contact details.

immuno

Also, in case we want to sign up for another fixed term contract - are lower rates of rent ever negotiated? The property was advertised for 900/month, but we offered 920/month because we were worried we wouldn't get it. Could we now ask for 900/month or is it not likely?

immuno

I just checked the tenancy agreement and there isn't anything about rolling contracts, what happens at the end of the fixed term, notice, etc.

So as I understand, if on a rolling contract which arises automatically if I stay, both the landlord and the tenant must give 2 months' notice prior to leaving? Also, I assume we get our deposit once we have completely left?

RAS

England, Wales, Scotland? The law is different.

booksurr

immuno wrote: »

Also, in case we want to sign up for another fixed term contract - are lower rates of rent ever negotiated? The property was advertised for 900/month, but we offered 920/month because we were worried we wouldn't get it. Could we now ask for 900/month or is it not likely?

leaving aside the whole we hate agents aspect for a second, how many times when faced with dealing with other people do you not tell them what you want to do? You'll find in life that not being told something is very frustrating and a good way to annoy people, politeness costs nothing.

Write and tell them you will not be renewing and are happy for it to go periodic. The agency is after fees pure and simple. If the agency tries to get fees for "going periodic" refuse to pay them as they cannot stop you from going periodic

given you intend to leave within the next 6 months anyway there is a low risk anything can happen between fixed term expiry and your departure provided (as mentioned above) a S21 has not already been served

immuno

Thank you. Sorry, just one last question - is it possible to go on a periodic contract and then decide, in a few months, to go on another 12 month fixed term contract, for instance? We may want to renew, but just dont know yet.

Pixie5740

Maybe, possible, who knows. There's nothing legally stopping you from moving from a SPT to a fixed term but ultimately the decision will come down to the landlord. He/she might be quite happy to continue on a SPT to avoid LA fees then again he/she might like the security of a 12 month fixed term too.

**This advice is based on you living in England or Wales as is the rest of the advice given in the thread.