Tenancy Agreement and Renewal

amyloofoo

Hi, I'm looking for some advice on renewing (or not!) my tenancy agreement.

We moved into this property in April 2014 and signed an initial 12 month Assured Shorthold Tenancy Agreement, which we renewed (at a cost of £87ish) in April last year for a further 12 months. Our plan was to stay here until we had saved up enough of a deposit to buy in the local area, which we thought would take a few years.

A property came up for sale in the local area recently and a family member offered to help us with the deposit so we had a look. We've since arranged a few other viewings on similar properties but are unsure whether we will end up placing an offer or not. Our contract for this property will expire on 17th April and whilst we're sure we don't want to move out on that date, we don't want to commit to another year either in case we do end up buying in the next couple of months.

The estate agent has been hassling for a week now, demanding that we either pay the renewal fee and sign up for another fixed term (min 7 months, max 1 year) or they will put the property back on the market, despite us not serving notice. I was under the impression that we could move on to a monthly rolling contract as our contract states (7.10) Upon expiry of the initial fixed term of this tenancy agreement, it is agreed that the tenancy shall continue as a monthly statutory periodic tenancy and the same terms and conditions of this Agreement shall apply. However this seems to be somewhat contradicted by (3.8) At the end of the fixed term a new fix term will be agreed (unless notice to quit has been given), The charge for completing the necessary paperwork will be £75 per tenancy plus VAT at the prevailing rate.

The estate agents are now saying that unless we pay and renew for a fixed period by tomorrow, they will readvertise the property and if we wish to stay, we will have to pay all application fees as though we were new tenants. To be honest the tone of the emails and voicemails left to myself and my husband has been very rude so I would like to be very certain of my rights and obligations before I reply. We have always paid the rent full and on time, the landlady has said we're good tenants and she'll be sad when we leave (we informed her we were looking to buy and inquired about the possibility of buying this house) and there's no reason for the estate agents to have an attitude with us.

The long and short of it is, I don't want to leave in April, but I don't want to be tied in to a fixed term either.

marksoton

The agent is talking balls.

Pixie5740

At best the letting agent is ignorant and at worst they are trying to bully you. Either way they are talking a big steaming pile of horse !!!!.

If you do not leave at the end of your fixed term you will automatically start a periodic tenancy. It could be Contractual or Statutory. You do not have to be referenced again for a periodic tenancy.

Forget the letting agency and go direct to your landlord. If you do not have your landlord's contact details write to the letting agency requesting them. The letting agent will have to provide the contact details BY LAW within 21 days. Then contact your landlord and explain you would like to remain in the property on a periodic tenancy. Chances are the letting agency is also trying to scalp your landlord for a renewal fee too.

See Ending/Renewing an AST for further information.

G_M

Let the agent advertise. Why should that concern you?

If/when they advise you that a prospective tenant wishes to view, you tell them, firstly by phone and then formally in writing (letter to the proper addres!) that you have not given notice so the property is not available.

If you are concerned or get an indication that the LL/agent might simply come round with their key while your out, change the lock (keep the old one to replace when you do leave).

Do not be rushed into signing a contract you don't want.

Have you been served a S21 Notice? If not, you have at least 2 months, and up to 5, before you can be made to leave.

You do NOT have to leave when the 12 months ends even if you have not signed a new contract. See the link pixie provided. (thanks pix!)

Ending/Renewing an AST

If you do not have your landlord's contact details write to the letting agency requesting them. The letting agent will have to provide the contact details BY LAW within 21 days.

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.

thesaint

amyloofoo wrote: »

and there's no reason for the estate agents to have an attitude with us.

Well, that's where you are wrong.

greenspark

Hi amyloofoo, I'm in a very similar situation! Tenancy due for renewal soon, want to leave but might not be in a position to until a month or two after the renewal date, so would like to move to a monthly tenancy rather than committing to 6-12 months.

It's useful to read the replies on this thread and it would be good to hear how you get on. One thing I wonder is how a tenant firmly asserting their rights would affect any future reference (for future tenancy or other purpose) from the agency, if things got confrontational.

amyloofoo

Ugh, it's ongoing.

Starting to feel really anxious about it now, it's just making me think buying is definitely the way forward.

This is what I sent yesterday:

We intend to continue our tenancy at **address** for which the Assured Shorthold Tenancy Agreement is due to end on 16th April 2016 and therefore do not intend to give the 1 month’s notice required by the contract. We are considering buying a property in the next few months, but this will obviously be dependent on finding a suitable property and any offer being accepted and if we don’t find one in the next few months it is likely that we will continue to live at **address** for a number of years. As we are unsure of our plans, we do not wish to sign another fixed term tenancy agreement and would like to continue on to a monthly statutory periodic tenancy as per the tenancy agreement. We will of course give the required notice before making any plans to leave.

She immediately replied with:


Thank you for your email, unfortunately we no longer offer periodic tenancies, tenancies can only be renewed for a minimum of seven months or a maximum of 12 months.

There are several factors for this,
-[FONT=&quot] [/FONT]There have been recently legal developments following a court case known as “Superstrike v Rodrigues” the implications of this court ruling have left uncertainty with regards statutory periodic leases and in order to protect our clients we no longer agree to periodic leases. We have taken advise from both **local law firms** and until further cases are seen in court they advise we must stick by fixed terms leases.
-[FONT=&quot] [/FONT]**Local council** have changed their policy on tenant liability for council tax on periodic leases.
-[FONT=&quot] [/FONT]There are also factors such as security and forward planning for our landlords and tenants.

Please can you have a chat and if you wish to renew please let me know the term you would ideally like and then I can approach your landlord and make arrangements for the new lease to be drawn up and signed by all parties.

Then this morning I received:

I hope this finds you well,

I really need to know what you wish to do regarding renewing the lease now that you are aware we do not do periodic tenancies.

Please feel free to call me to discuss this further on **letting agent number**


Should I propose a new AST with a break clause? Where do I go from here?

thesaint wrote: »

Well, that's where you are wrong.

I'm not sure I understand, what grounds do they have to take an unpleasant tone with us? We've been good tenants.

Pixie5740

Did you read the link that both G_M and I gave you? If you plan to move out at the by the end of the fixed term you do not need to give any notice at all. If you remain in the property after 16th April you will automatically start a periodic tenancy. This does not change just because the letting agency decides they don't do periodic tenancies.

If your tenancy agreement says what will happen after the end of the fixed term then you will have a Contractual Periodic Tenancy. If the tenancy agreement says nothing then you will have a Statutory Periodic Tenancy. That's statutory law (the clue is in the name) and cannot be overridden by the letting agency. Furthermore your contract is with the landlord, not the letting agency. In fact you have no contract with the letting agency whatsoever so as previously advised get the landlord's contact details and talk to the organ grinder.

Who knows what thesaint meant, sometimes it's best not to ask.

Edit: I still maintain that the letting agent is talking a big steaming pile of horse !!!! about Superstrike vs Rodrigues, the council tax (fixed term or periodic it's your responsibility to pay it) and the security bit is dubious. Does the landlord really want/need a fixed term or is the letting agency trying to charge both you and the landlord a renewal fee? Place bets now!

amyloofoo

Pixie5740 wrote: »

Did you read the link that both G_M and I gave you? If you plan to move out at the by the end of the fixed term you do not need to give any notice at all. If you remain in the property after 16th April you will automatically start a periodic tenancy. This does not change just because the letting agency decides they don't do periodic tenancies.

If your tenancy agreement says what will happen after the end of the fixed term then you will have a Contractual Periodic Tenancy. If the tenancy agreement says nothing then you will have a Statutory Periodic Tenancy. That's statutory law (the clue is in the name) and cannot be overridden by the letting agency. Furthermore your contract is with the landlord, not the letting agency. In fact you have no contract with the letting agency whatsoever so as previously advised get the landlord's contact details and talk to the organ grinder.

Who knows what thesaint meant, sometimes it's best not to ask.

Edit: I still maintain that the letting agent is talking a big steaming pile of horse !!!! about Superstrike vs Rodrigues, the council tax (fixed term or periodic it's your responsibility to pay it) and the security bit is dubious. Does the landlord really want/need a fixed term or is the letting agency trying to charge both you and the landlord a renewal fee? Place bets now!

I did read the link, thank you it was very helpful. I'm sure the letting agent isn't being entirely honest in their interpretation of the law, but was suggesting that maybe a contract with a break clause would be the way around it? I presume they only actually want the renewal fee and don't really care too much about the length of tenancy, etc. Does this have the potential to get unpleasant if we insist on a periodic tenancy?

We have the landlord's details and actually get on well with her (she's also irritated by the letting agent as they haven't passed on requests for repairs, etc). I will ask my husband to get in touch with her and ask if she would be open to a periodic tenancy - presumably if she says this is fine then there's little the letting agent can do?

MrJB

As others have said, go straight to the Landlord. Superstrike V Rodrigeus is hardly relevant here as your tenancy commenced post the relevant date - ie April 2007 and your deposit has been protected. What makes the statement more amusing is that obviously you renewed back in April 2015 with the SPT clause when Superstrike was fairly common knowledge before that date.

Unfortunately many Estate Agents aren't particularly intelligent, or are ignorant and do not have sufficient training and simply want to mislead people for their own benefit.

MrJB

amyloofoo wrote: »

We have the landlord's details and actually get on well with her (she's also irritated by the letting agent as they haven't passed on requests for repairs, etc). I will ask my husband to get in touch with her and ask if she would be open to a periodic tenancy - presumably if she says this is fine then there's little the letting agent can do?

They are agents for the owner - they do as they are told and if they act without her authority they're breaking the law.