Being force to renew tenancy for 6 months?

MickeyDaMouse

Hi,

We are currently renting a house while we look for one to buy. We are currently renting a house through an estate agent on behalf of a landlord. We signed up for a standard 6 months short hold tenancy agreement last October which comes to an end on April 23rd.

I have rented and owned houses before and in the past I have just stayed in a house until I felt like moving on, giving a months notice to do so. I've never renewed a tenancy agreement.

The current estate agent has made several calls to us now asking us to sign a new 6 or 12 month agreement before the end of the month. They are insisting it has to be done asap before we reach the 23rd.

This seems wrong to me and it's my understanding we can simply continue on a rolling month basis after the agreement has ended with us giving them a months notice and them giving us 2 months notice.

Am I right here or can the agency force us to sign for another 6 months?

I don't want to sign for another 6 or 12 months as we may found a house we want to buy in that time and miss it because we're stuck paying rent here. It seems rather unfair to me.

Any advice?

theartfullodger

Simply decline to accept their proposal: You don't even need to respond. It will become a periodic tenancy: Landlord and/or agent cannot prevent that.

There is the risk of a s21 eviction mind (thank Thatcher for that).

Artful (Landlord since 2000)

harrys_dad

The agent just wants another fee. The landlord probably doesn't even know what is going on. Just ignore the agent. You have no need to fear a Section 21 giving notice because you will probably have bought before you have to leave. No sensible landlord will evict a tenant who is paying rent every month and not causing any problems.

scubaangel

harrys_dad wrote: »

The agent just wants another fee. The landlord probably doesn't even know what is going on. Just ignore the agent. You have no need to fear a Section 21 giving notice because you will probably have bought before you have to leave. No sensible landlord will evict a tenant who is paying rent every month and not causing any problems.

Unfortunately not all LL's are sensible. My previous LL decided they didn't want a tenant who was on a periodic tenancy (and yes all rent and bills paid on time, and property was well looked after as they saw when they inspected after I had them rectify a problem).

I'd say if you have the contact details get in touch with your LL direct to tell them that you like the property, and would like to stay but explain the situation - worst case they do what mine did and insist on you signing again - from what I've seen of friends buying property it can take a good 6 months from starting the search to actually be booking dates to move.

marksoton

Someone seriously needs to slap these agents down....

theartfullodger

Such fees charged by agents are illegal in Scotland: Since 1984: Come on Engerland, catch up!!

smile88egc

We're in a similar boat, although letting agents haven't hassled us too much, they called once and we said we weren't interested and were happy on rolling periodic, haven't heard from them since.

Have you started viewing yet/got a mortgage in principle? If you haven't then you may have not much to lose by signing for another 6m, unlikely you would complete before then.

If you have actually started looking then contact landlord and explain the situation, or simply be up front with the letting agent, they may not like your response but you're perfectly entitled not to sign up to another fixed term.

harrys_dad

I wouldn't contact agents or LL, looking or not. Just ignore the agent and they will go away.

Tygermoth

We are in the same boat. The LL cornered the OH yesterday to say there is going to be a rent increase and he wants a longer six month notice period so will be popping down with a new contract.

This is out of the blue as we have been on a rolling contact for over a year (in the house for 2yrs). No issues from us at all.

I think he opened a mortgage offer letter of ours that the bank incorrectly addressed to their house so they know we are looking to buy.

Its a bit hard to ignore our LL as his house is just up the lane - but i am going to refuse to sign. I have a feeling the LL is going to increase the rent to the same as the mortgage offer monthly amount in the letter (based on the new build three bed detached with garage we were buying) rather than this poky semi derelict bungalow with a leaking boiler, guttering and pipe under the kitchen floor. Grrrrr

I also think he is petty enough to evict if we don't sign. That being said i will go the whole hog and go to court to be evicted if he tries it - and look to buy in the meantime.

AnotherJoe

I also think he is petty enough to evict if we don't sign.
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Why is that "petty"? If he wants a rent raise and you wont pay it, he hasn't got any alternative.

Sounds anyway as if this should give you the incentive to get house hunting right now.

Tygermoth

Sorry, to clarify - if he raises the rent we will pay it.

What i am refusing to do is sign a new contact with a six month notice period built in.

We lapsed on to a rolling contract, and we wish to stay on one. by petty i mean that we are steady paying tenants but he will likely chose to evict as we will not sign a contract we are not obliged to as he wants us on the hook to pay if he cant get someone in here for the set period of the contract.

I think it has focused his mind that this house would need a lot of work to appeal to prospective tenants. If we leave before his rent increase covers all the works that needs doing he is going to be out of pocket. So the notice period ties us in.