(not) renewing AST - advice needed

mnorthern

Good afternoon

I've been at my rented flat for two years now, and every year the agents phone and email me saying the tenancy needs to be renewed, so it's this time of year, again. A yearly AST is the longest they offer.

I was really considering letting it lapse into a periodic one, but it was made clear to me that I would be kicked out if that happened.

So, like many people, I'm forced to sign yet another renewal if I want to keep the roof over my head this winter.

Question is, what happens if I sign the new AST and then need to move out halfway through, say lose my job, or need to relocate. They don't do break clauses. It kinda sucks being a tenant, seems like there is a lot of protection for the landlord, but if something happened to me, I would still have to pay rent for the whole duration of the AST. I'm a pessimistic person and always plan for the worst case scenario. Any thoughts or advice please?

RAS

What does the LANDLORD want? Have you asked them?

You may find that you are being played off against each other so the LA can get fees off both of you.

Or that the LL is driving the annual renewal.

Guest101

mnorthern wrote: »

Good afternoon

I've been at my rented flat for two years now, and every year the agents phone and email me saying the tenancy needs to be renewed, so it's this time of year, again. A yearly AST is the longest they offer.

I was really considering letting it lapse into a periodic one, but it was made clear to me that I would be kicked out if that happened. - In what format? IE did they say they would legally evict you, or bill and bob from the local would chuck you out?

So, like many people, I'm forced to sign yet another renewal if I want to keep the roof over my head this winter. - Well not really. You need to speak to your LL. Often the agents want the renewal, but the LL and tenant don't care.

Question is, what happens if I sign the new AST and then need to move out halfway through, say lose my job, or need to relocate. - You'd still owe rent. They don't do break clauses. It kinda sucks being a tenant, seems like there is a lot of protection for the landlord, - Nope, lots of protection for the tenant. you just don't know about it. but if something happened to me, I would still have to pay rent for the whole duration of the AST. - Yes. I'm a pessimistic person and always plan for the worst case scenario. Any thoughts or advice please?

Talk to the LL, and not the agent - best advice you'll get.

csgohan4

mnorthern wrote: »

Good afternoon

I've been at my rented flat for two years now, and every year the agents phone and email me saying the tenancy needs to be renewed, so it's this time of year, again. A yearly AST is the longest they offer.

I was really considering letting it lapse into a periodic one, but it was made clear to me that I would be kicked out if that happened.

So, like many people, I'm forced to sign yet another renewal if I want to keep the roof over my head this winter.

Question is, what happens if I sign the new AST and then need to move out halfway through, say lose my job, or need to relocate. They don't do break clauses. It kinda sucks being a tenant, seems like there is a lot of protection for the landlord, but if something happened to me, I would still have to pay rent for the whole duration of the AST. I'm a pessimistic person and always plan for the worst case scenario. Any thoughts or advice please?

The other thing you could do is request/insist on a a break clause with x months notice and since you have stayed there for more than 1 year, the break clause should be valid at the time of signing.

It goes both ways the contract and courtesy

But if they really don't budge, nothing you can do really than find somewhere else

mnorthern

Thanks for all the replies, very helpful. The Landlord says that if he lets my agreement lapse into periodic, he will have to pay the EA every month a penalty = equal to rent amount. Same applies if he stops using their services and wants to retain me. So he says I have to renew. He also says that if I need to move out at any point, need to give him two month's notice and replacement will be found, but he won't put it in writing lol

csgohan4

mnorthern wrote: »

Thanks for all the replies, very helpful. The Landlord says that if he lets my agreement lapse into periodic, he will have to pay the EA every month a penalty = equal to rent amount. Same applies if he stops using their services and wants to retain me. So he says I have to renew. He also says that if I need to move out at any point, need to give him two month's notice and replacement will be found, but he won't put it in writing lol

If it's not written it is not enforceable. Tread carefully or you be royally screwed by your LL

theartfullodger

mnorthern wrote: »

Thanks for all the replies, very helpful. The Landlord says that if he lets my agreement lapse into periodic, he will have to pay the EA every month a penalty = equal to rent amount. .....

Don't believe him but it's not your problem:

Do nothing, say nothing, sign nothing. It will probably take landlord 3-6 months to get you out, and he may not even bother.

mnorthern

if I had it as a text message or a recorded voicemail, would it be enforcable?

Pixie5740

Urghh, your landlord sounds like a fud. Why the hell did he sign a contract like that with the letting agency. I wouldn't believe him about the 2 months notice either since he won't put it in writing.

So your choices are:

1) Sign a new 12 month fixed term AST
2) Sign a new 12 month fixed term AST with some kind of break clause.
3) Move out at the end of the fixed term
4) Risk it and let the tenancy become periodic.

Pixie5740

mnorthern wrote: »

if I had it as a text message or a recorded voicemail, would it be enforcable?

Maybe, maybe not. You'd be signed a new contract after he said it though so that would supersede a text message I think. Then again I'm not a judge.

camptownraces

mnorthern

Tell us the final date on your current 12 month contract, then we'll know what to advise.