Estate Agent threatening eviction - contract not returned

Lolly88

Hi All

I know there are similar threads on this topic so I apologize for starting another but I'm not quite sure how best to move forward.

I'm currently renting a flat which I like and would like to stay in. I had a fixed term contract for 12 months which ended at the start of December 2015. The estate agents asked me in November if I planned to stay and I said yes and then I heard nothing from them, In February I came home to find a new contract under my door. I assumed that I had entered into a periodic tenancy since i had not received a new contract and heard nothing from them following the phone call in Noevmber. However it did say in my original contract that I would be issued a new contract on the expiration of the original.

I haven't returned the contract and came home yesterday to find a note from the estate agents pinned on my door and also just received a voicemail advising that I return the contract otherwise they will be putting the flat back on the market.

I don't want to move but equally I don't want to sign a new contract specifically one backdated to December. If I sign a new contract I want it starting from the month they issued it to me or else a periodic tenancy.

They're threatening to evict me and I know they can do that after a long drawn out process but I don't want to go but I also don't like how they have handled things. I want to be clear what my rights are before I contact the estate agents as I don't want to avoid them. I've read the thread advising what happens when a fixed term contract ends and know that legally I am in a periodic tenancy but how do I handle things from here?

The name and address of the company that own my flat is in the contract but I don't fancy my chances of receiving a reply from them if I send them a letter asking if I can stay on a periodic tenancy.

Please help.

HouseBuyer77

You are on a periodic tenancy.

Your LL can send you an S21 notice. Which gives you two months notice to move out. Upon expiry of this notice the LL can apply to court to have you evicted (which could take a few weeks or a few months to sort out).

Note that a LL cannot evict you, only a court can.

However if you're happy with a fixed-term contract why aren't you happy having it back-dated to December? Have you asked the LL/Agent for a fixed term starting from this month?

If you don't sign a new contract then the LL may just not take any further action. After all issuing S21 and following up with courts to get an eviction takes time and money. So rather pointless if you're a good tenant paying the rent on time.

marksoton

Cut out the agent and go straight to the LL. Find out what they are happy with.

Lolly88

Thanks for the quick reply. I would prefer a periodic tenancy but if i have no choice but to accept fixed term then I would prefer it to start the month it was issued...just being pedantic i guess but also I might be moving January next year and so if i have to be fixed it would suit me more to be fixed til February next year.

marksoton wrote: »

Cut out the agent and go straight to the LL. Find out what they are happy with.

Should I just write to the landlord then, I was just assuming that they won't reply. What should I say?

marksoton

Lolly88 wrote: »

Should I just write to the landlord then, I was just assuming that they won't reply. What should I say?

You're contract is with the LL not a sloppy agent acting on their behalf.

You never know they may be perfectly happy with a periodic lease.

Mr.Generous

my bet is the agent is meant to have sorted it already and is backdating it to show landlord. You could always cross out the date on both copies, date it todays date and then return it.

AlexMac

I'm speculating, and you don't mention a fee, but as the EA is in it for the money I wouldn't be surprised if they are trying to get a fee out of both you and the LL for a new AST. Whereas the LL might well be happy to let you stay on as a statutory periodic without further fees? (I would be- in fact my tenant has been rolling over for several years, saving me gazillions in set-up fees!)

Either way, if you do write to the LL saying that you are happy to stay on until next Jan or Feb (or whenever) as a Statutory periodic tenant, or accept a fixed-term AST to a more appropriate date (others can advise on the legalities), you could just innocently drop in the fact that you are shocked and surprised at the way the agent has screwed up; ignored your 2015 request, let you slip into a Statutory Periodic by default, and is now making threatening noises, blah, blah... given that you are a model tenant!?

Marktheshark

marksoton wrote: »

You're contract is with the LL not a sloppy agent acting on their behalf.

You never know they may be perfectly happy with a periodic lease.

If they took any money from the OP the agent is in a TRI_PARTY arrangement and acts as agent to both parties as a service contract is created by payment of fees in return for service..

Pixie5740

Marktheshark wrote: »

If they took any money from the OP the agent is in a TRI_PARTY arrangement and acts as agent to both parties as a service contract is created by payment of fees in return for service..

No, the tenant had no contract with the letting agency but does have a contract with the landlord. The landlord is the one named on the tenancy agreement. The landlord had a contract with both the tenant and the letting agency.

OP are you being charged a fee for signing a new fixed term? I agree with the others about contacting the LL directly and discussing remaining on a periodic tenancy.

Lolly88

There is a fee for £66. I'm going to take your advice and write a letter to the landlord and send it to them tomorrow recorded delivery, I just hope he/she is understanding. I'll call the estate agents tomorrow and explain my plan of action.

If I don't receive a response from the landlord what should I do?

Pixie5740

Don't send it recorded delivery. If their not in no one will be there to sign for it. 1st class post with proof of postage is sufficient. Do you have the LL's phone number or just an address?