Tenancy Agreement and Renewal

G_M

1) start taking the advice you have been receiving here

2) stop answering the agent's emails texts whatever. Ignore them - you've already answered them

3) Hold onto the landlord's email saying you can stay on a periodic basis.

4) hold onto all the agent's communications

5) change the locks - this agent is not professional, so cannot be trusted. The contract clause regarding locks can ony be enforced by the LL going to court and either
* claiming financial loss from you (what loss? there is no loss) or
* applying for a court order to replace the original locks

You would defend any court action by presenting evidence of the harassment (keep copies of all emails etc), of the threats to market the property when the tenancy has not ended and is not going to end, and your fear of the invasion of you right to "Quiet Enjoyment"

If the worst came to the worst (highly unlikely) and a judge ordered you to replace the LL's locks, you would....... replace the LL's locks!

But a) I seriously doubt the LL/agent would go to court over the locks and b) I seriously doubt they'd win

6) stop worrying. Ignore this matter and get on with your life. You will shortly be on a periodic tenancy.

Mrs_pbradley936

I think you should make the agent aware of the fact that you know that at the end of the fixed term the tenancy automatically becomes periodic. You need not apply for permission or jump through any hoops to make it so. The law says that it is so. Let them know that they are attempting to override statue and that you view their actions as harassment.

Tell them that you are aware of the law even if they are not.

[Deleted User]

Sorry you are going through this. Please do what is advised.

dancingfairy

How about signing a 6 month contract or a 12 .month contract with a break clause that can be activated at any point after 4 months ( ie the notice can expire after 6 months). Would this suit you?
I guess it depends on how long you think it will take to find a place you like, make an offer, get offer accepted and exchange and then complete ( not to mention the time and hassle of getting surveys done and a mortgage arranged).
Df

dancingfairy

Alternatively if you do want/ need a periodic tenancy then you could write ( actual hard copy) to the letting agents stating that you wish to remain in the property on a periodic tenancy, that landlord has agreed to this, that you have been model tenants, kept the place clean a d tidy and always paid the rent on time.
Remind them that harassing tenants is an offence and that state you have made your decision quite clear and that further, repeated communication from the letting agents is not necessary and is bordering on harassment. Furthermore I would inform them that for the avoidance of doubt you will not permit viewings and will only give permission for visits where a repair is required to the property and with at least 24 hours prior notice is given in writing.
Send a copy to the landlord as well.
Df
P.s do note that anybody can be a letting agent. There are no legal requirements and a lot do not even possess comments sense. Do not be under any illusion that they are legally trained or qualified or that what they are saying is necessarily correct.

amyloofoo

Okay, I'm sorry to keep coming back to this and I have taken the advice on board:

- I contacted the landlord to agreed to a periodic tenancy (though the LA says she's now retracted this)

- I stopped replying to the LA's emails after informing them that we were continuing on to a periodic tenancy as per the agreement and with the consent of the LL.

- We are discussing the best way to change the locks

I appreciate that I should now be able to stop worrying and just wait for the tenancy to become periodic, but this morning I received 2 emails from the LA.

First one simply said that the property is on the market, which I ignored.

Second one said nothing but had this letter attached - I presume this doesn't change anything but now my husband is absolutely stressing out - he was copied in to it.

10 March 2016
Re: Notice - **Address**
Dear **Amyloofoo and husband**

Please acknowledge receipt of the notice to terminate your tenancy at the above property. I can confirm that,
subject to vacant possession, the tenancy will terminate on 15 April 2016.

We use an independent company who will carry out the check out and we then provide you a copy of the check-out report
and deal with your deposit from there. However we need you to return the keys to our office, either during office hours, or
after office hours when you can post the keys through our letter box. The building in which our office is located has a
communal door for several companies , please make sure the keys are put in an envelope and not freely dropped through
the letter box as lost keys can result in a cost to yourself .Do not put the property address on the envelope only your name
and **LA** for security reasons.

The property needs to be cleaned to a professional standard, whether you choose to do this yourself or hire a
cleaning company is up to you. If you need the contact details for a cleaner please let me know.

The below is a list to help you check out of the flat. It is not intended to be all inclusive but is a good start. We
want to refund your full deposit but we also need to ensure the people moving in are not having to spend their
first few hours in the property cleaning.
**Long list of cleaning requirements**
If there are any bulbs not working/missing ,there will be a standard charge of £48
regardless of the amount
When you moved in we provided you with a tenant handbook and TDS handbook; it would be worth
familiarising yourself with these again. If you require further copies please let me know. If you require a copy
of the inventory you signed at the beginning of the tenancy please contact our office. Please also remember to
contact your bank to cancel your standing order to **LA** once the last rent payment has been
made.

Our lettings negotiators will always give you at least 24 hours notice of any viewing appointments and you will
receive this notification via text message.

If you need to clarify anything please feel free to contact our office.

Yours sincerely
**Letting manager for LA**

P.S. The letting manager's signature states that she's a MNAEA - is it possible / sensible to complain to them about the way she's handling this?

ViolaLass

Regarding the locks, you only need to change the barrel, not the whole lock. It's not a complicated thing to buy or do. We did it as soon as we moved into our new house, for security.

Mojisola

ViolaLass wrote: »

Regarding the locks, you only need to change the barrel, not the whole lock. It's not a complicated thing to buy or do. We did it as soon as we moved into our new house, for security.

And you keep the barrel and change it back before you eventually leave.

Mojisola

Have you been in contact with Shelter? They will be able to put your minds at rest that the LA is not complying with the law.

Pixie5740

No the latest offering from the letting agent changes nothing.