Forced For Another 12 Months

Pixie5740

ognum wrote: »

Sometimes it is not about the economics. I currently have a tenant who pays her rent on time each month and has been my tenant for over four years.

In the last year she has repeatedly not replied to emails and letters asking for access to repair a leak into the flat below, the owner below is understandably annoyed.

I have issued an S21, she has always paid rent but the flat will rent again easily, I may have a small loss from lack of rent but at least I won't have to deal with her!

Yes there are reasons why a landlord might want to get rid of a particular paying tenant, however if the OP was causing issues then the landlord (or an agent acting on his behalf) wouldn't be trying to cajole them into signing another 12 month fixed term. Same for any tenant where it's renew or Section 21, if they were that bad then the former wouldn't be an option.

G_M

RadicalRooster wrote: »

The agent has come back and said the land lord wants a 12 month renewal or we have to give notice.
A very revealing response. Note that the agent is not threatening to evict you. He's asking YOU to give notice.

If you don't want to leave, don't give notice.

And if you don't want to sign a 12 month contract and pay for it, don't sign.

Unsure where we stand now as surely the LL has broken the original contract?
No - he hasn't. You are being offerred a new contract which you can accept or reject.

Either way you do not have to leave unles you are evicted (which has not been suggested as an option!)

Any suggestions?

Either do nothing, and move automatically to a periodic tenancy as per the contract.

And/or maybe write a polie letter to the LL confirming you have the long term intention to stay, and are happy to review the rent, but would like to do so on a monthly basis as per the contract so as to avoid the unecessary agency fee.

RadicalRooster_2

Thank you for your speedy replies.

The reason I feel the LL has broken contract is when we signed up no where did it say we would be offered another contested and locked into 12 month contracts. What made the contract so desirable was the one month rolling. We wanted this as it gives us flexibility to leave when we want within reason.

I've pasted the email below:

'Further to your email I have been in contact with your Landlord and he is not happy to renew on a rolling basis. He would like a 12 month contract with the increase in rent.

Please could you confirm whether you would like to renew for a further 12 months or give notice.'


So we could just do nothing? If we did that it would mean doing nothing until the end of July which is when our contract runs out. Seems a little cheeky, but if we keep on paying we just have to wait for an eviction notice?

Won't any of this be brought up for future references?

Guest101

RadicalRooster wrote: »

Thank you for your speedy replies.

The reason I feel the LL has broken contract is when we signed up no where did it say we would be offered another contested and locked into 12 month contracts. What made the contract so desirable was the one month rolling. We wanted this as it gives us flexibility to leave when we want within reason. - ALL ASTs can go rolling, its nothing special. Do you think Sainsbury's breaches a contract by offering you BOGOF deals? It's an OFFER, you can say no thank you.

I've pasted the email below:

'Further to your email I have been in contact with your Landlord and he is not happy to renew on a rolling basis. He would like a 12 month contract with the increase in rent.

Please could you confirm whether you would like to renew for a further 12 months or give notice.'

"Dear LA,


Thanks for your email


Kind regards"



So we could just do nothing? - Yes If we did that it would mean doing nothing until the end of July which is when our contract runs out. - And beyond. Seems a little cheeky, but if we keep on paying we just have to wait for an eviction notice? - Basically yes. It's more complicated, but I doubt it will get that far. If it does come back

Won't any of this be brought up for future references?

It might be, but who cares


1: references mean nothing
2: this isn't a bad thing to bring up anyway

Pixie5740

It's not a case of the landlord renewing on a rolling basis it's either a case of contractual or statutory law depending on the exact wording of your current tenancy agreeing. Whatever the case it is not renewing anything.

As already explained, it is possible to accept the rent increase without accepting a new fixed term contract. Did you put that to the landlord? Did you suggest the landlord pay the renewal fee if he is so keen on you signing a new fixed term?

I'm not sure how many more times we can say, you don't have to sign and you don't have to give notice. The ball is in your court.

G_M

Please......

have you yet read and understood:

* Ending/renewing an AST: what happens when a fixed term ends? How can a LL or tenant end a tenancy? What is a periodic tenancy?

Miss_Samantha

Guest101 wrote: »

1: references mean nothing

Apart from helping landlords decide if they want to have you as a tenant, that is.

Prothet_of_Doom

What you have to understand is that an Assured Shorthold Tenancy agreement, is defined by Statute (by law). That fact that Letting Agents and (some) Landlords try to add dubious optional extras and modify what can not legally be modified, to try to confuse tenants, should be resisted at all cost.
As a Landlord, I hate Letting agents with a vengeance. Their business model needs churn. They need a constant churn of tenants, so they can collect application fees and referencing fees, and inventory fees, and tenant finding fees.
Once I have a good Tenant, I'm not about to issue them an S21. I'm happy for them to roll over to periodic and know that this creates less work for me.
I have one tenant who would like a longer contract (as in 5 Years), but I have explained that her needs and circumstances might change, or something is my life might change, but as far as I can possibly tell, my intention is to keep the investment and use some of the profit to keep it solid and well maintained.
The less voids I have, the more I can divert to maintenance.

m0bov

OP just do nothing and roll onto the AST. *IF* you get S21 then look to move.

Radicalrooster

Hi all,

Thank you for your replies and patience on this! This is my first time dealing with an estate agent.

In the mean time my housemate sent an email saying we were happy with any rent increases but would like the contract to keep rolling. We received the same reply stating it's 12 months or our notice. The estate agent said that our LL has the right to request a new contract.

I personally noted that they said 'request' a contract.

As many of you said I've realised we have no deadline and so it's best to let it roll.