Fixed Term Rental Agreement - Any Options?

[Deleted User]

I agree that although you CAN refuse to sign another agreement if you do, you risk being evicted and the S21 coming into force. There are all the reasons stated as to why a LL wouldn't/shouldn't, but some do (mine always threatened most convincingly if I didn't sign and being a benefit recipient with less options if I did have to find somewhere else, I couldn't take the risk).

BUT I am not clear from your post about the 'going away' - how long for?

If the LL really wants to evict you, and you don't voluntarily leave at the end of the fixed term, they will have to evict you via a possession order and bailiffs warrant which will give you roughly another 6 weeks to 8 weeks after the end of the fixed period.

Can you move to a less popular area so the popularity of the area doesn't put you in a weak position? Popular usually means expensive if you aren't working.

HappyMJ

SausageCat wrote: »

Thank you everyone for being so helpful, but what pmlindyloo says is exactly what I'm thinking. I'm actually quite confident that if I don't say anything they will 'activate' notice.

I was hoping there may be a loophole with a fixed tenancy agreement so that I can leave mid-term. Rental accommodations come up in very short or no notice and they want people moving in asap. Being locked in a minimum of 6 months every time, it's giving me disadvantage when looking to move (I moved to this flat because it saved me money).

It's a risk you need to consider. As you are ill and not working sometimes getting a court order for possession to be returned may be a good thing. Your priority for social housing will increase dramatically and you may end up in a property with a secure tenancy and not have to worry about evictions every 6/12 months.

The council has a duty to rehouse you....not in your ideal property just in "a" property including B&B's or guest houses. You can get temporary accommodation before being offered a more permanent solution which in some areas can take years. I would take the risk....but that's me.

SausageCat_2

The current fixed term ends at the end of August, and I'll be back from holiday 10 days after that. If the eviction process takes that long, then staying on maybe a possibility.

Next time I will be moving to a less popular and cheaper area, but having watched the local rental market for some years I know I can get a place cheaper from December to January, hence my reluctance for a 6 months' lock in.

SausageCat_2

I may have to go for social housing in the future, but while I still have some saving I wanted to stay in private sector.

I'm currently thinking about having a guarantor. This was not possible for me when I initially signed a contract, but now I have someone who could be one. Is there any pitfalls?

molerat

SausageCat wrote: »

Is there any pitfalls?

For the guarantor plenty !

G_M

* you've received a S21 Notice yes? Is it valid?
a) date served on you and date it expires?
b) date you paid your deposit, and date it was registered? Which scheme? Date you received the 'Prescribed Information'?

* have you discussed your renewal with the landlord, or just the agent? The agent gets commission fees for renewing - the landlord may not care. The landlord is unlikely to want the cost/hassle of evicting you and finding a new tenant - the agent gets more fees for finding a new tenant!

* The landlird may be more interested in the increased rent, than in the 12 month commitment. Why not go periodic (monthly) but at the new rent?

have you read:
* 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?
(as per Pixie's post above)?

Also:


* Deposits: payment, protection and return

SausageCat_2

Thank you G_M, your posts are very helpful. I'll contact my agent and ask for landlord's details. Is agent required to give landlord's contact details when asked?

Also, how much is a landlord typically charged when finding a new tenant? I'm trying to understand if there is that much of disincentive for them to evict me.

G_M

A tenant-find service for a landlord might cost 1 months rent or more.

The Landlord & Tenant Act 1985 section 1 says:

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.

However many agents either don't know or don't care. It is a hard law to enforce since tenants cannot enforce, they can only ask Trading Standards (or the council private housing ooficer?) who tend to only do so where there is a compelling reason (due to overwork).

SausageCat_2

Thank you G_M. It's annoying to have to pay the agents, but for this time I've decided to 'renew' the contract for 6 months for the sake of security.

Thank you everyone who responded. You've been of great help and I have learned so much; no doubt it will be useful in 6 months' time.