Feeling pressured into paying tenancy renewal fees every 6 months

HouseBuyer77

Show me what laws guarantees the tenant the right to demand a AST to roll into a periodic contract. They can ask (sure) but depending on the LL they may get a Yes or a No.
If it's a No, what happens? What laws will they use?

If you're still a tenant after the fixed term expires and you haven't signed a new contract, congratulations, you're on a periodic tenancy. No demands or agreements required. I'd note that you have a right to demand anything you like. It's the rights to what you actually must be given that are important.

However the LL can chunk you out at any time with an S21. Though how many LLs put so much importance on a fixed term contract that they'd want to evict a decent tenant to ensure one? I'm sure agents charge fees for issuing S21s as well (To the LL).

Miss_Samantha

always_sunny wrote: »

You must be one of those living the parallel world where the tenant has all these rights!

As I thought: You have no evidence at all to back your claims.

Pixie5740

always_sunny wrote: »

This comes up very often and it seems like there are parallel worlds in the UK.
One world where the tenant has options, periodic tenancies, etc
Another world where for the tenant these options do not exist .

The tenant does have options covered by contractual and statutory law. Landlords and letting agents cannot ride roughshod over statutory law, well because it's statutory.

always_sunny wrote: »

In London and in many densely populated centres, AST are mostly standard 12 and are renewed every 12 months. Periodic doesn't seem to exist as much.

Periodic tenancies exist, and can exist, in London just as much as they do in any other part of England or Wales.

always_sunny wrote: »

S21 (you call it just a notice, fair enough) is the LL telling you to go. It can be delayed, etc but eventually you will go.

It's not I who call it notice but the law. Is the landlord telling the tenant to go or has the letting agent issued the notice to make it seem as though the tenant has no option but to sign when the reality is that the tenant does have options. The letting agent can issue a Section 21 notice but they cannot action it in court.

always_sunny wrote: »

Show me what laws guarantees the tenant the right to demand a AST to roll into a periodic contract. They can ask (sure) but depending on the LL they may get a Yes or a No.
If it's a No, what happens? What laws will they use?

How many more times do I have to say that it is covered by statutory law but if you want to know more please feel free to read G_M's guide to Ending/Renewing an AST.

The tenant does not have to demand a periodic tenancy, the tenant does not have to do anything at all. The very next day after a fixed term contract ends the tenancy automatically becomes periodic. There is nothing that the landlord has to do in order to facilitate this and there is nothing a landlord can do to prevent it from happening.

always_sunny wrote: »

England, Wales is strongly pro-landlord. Tenants have very little rights.

I wouldn't necessarily agree with that statement. Tenants do have rights but it's up to the tenant to exert those rights. I'd say that things are starting to shift towards the tenant.

always_sunny

Pixie5740 wrote: »

How many more times do I have to say that it is covered by statutory law but if you want to know more please feel free to read G_M's guide to Ending/Renewing an AST.

The tenant does not have to demand a periodic tenancy, the tenant does not have to do anything at all. The very next day after a fixed term contract ends the tenancy automatically becomes periodic. There is nothing that the landlord has to do in order to facilitate this and there is nothing a landlord can do to prevent it from happening so the landlord.
.

So what options are there for the tenant who is approached by the EA/LL to sign a new AST and the tenant say, can we have the AST run periodic and the EA/LL says No?

I am asking cause I have been in this situation before and I could not find any legislation protecting me.

Usually after my refusal to sign a new AST and the LL (through EA) don't agree to go into a periodic tenancy, there is a S21 issued. What would I do now?

Yes, as you call it the S21 is just a notice, etc blah blah but eventually it will translate into vacating the premise.

Maybe it's a different world between private tenancies and non-private?
(BTW - even G_M post tells you exactly the same; that EA often prefer new AST!)

Pixie5740

always_sunny wrote: »

So what options are there for the tenant who is approached by the EA/LL to sign a new AST and the tenant say, can we have the AST run periodic and the EA/LL says No?



I am asking cause I have been in this situation before and I could not find any legislation protecting me.

It doesn't matter if they say no. They cannot prevent it from happening. G_M's link even tells you it's covered by the Landlord & Tenant Act 1985 S5. Why bother even asking? Just do nothing.

always_sunny wrote: »

Usually after my refusal to sign a new AST and the LL (through EA) don't agree to go into a periodic tenancy, there is a S21 issued. What would I do now?

Again, why bother getting into tit for tat with the letting agent, you have no contract with them your contract is with the landlord. If you really feel that you must contact someone contact the organ grinder (landlord) and not the monkey (letting agency).

Doing nothing is another option.

always_sunny wrote: »

Yes, as you call it the S21 is just a notice, etc blah blah but eventually it will translate into vacating the premise.

Again, not as I call it, it is called a Section 21 notice by law. The law also says that a Section 21 does not end a tenancy. A tenancy can only be ended by you, the tenant, serving notice, or by the landlord (that's landlord and not letting agent) going to court to get an eviction order. So, what if you are issued a Section 21, it doesn't mean the landlord will act upon it. The landlord might not even know the letting agent has issued one on his behalf. Do nothing and see if you get court papers in. That's how you'll know if the landlord (again that's landlord and not letting agent) is serious about evicting you. You'd still have enough time to find somewhere else and serve your own notice before it gets to court.

always_sunny wrote: »

Maybe it's a different world between private tenancies and non-private?
(BTW - even G_M post tells you exactly the same; that EA often prefer new AST!)

Yes, I'm sure most letting agents prefer renewals because it means more money for them, it still doesn't mean that you have to sign it.

always_sunny

Pixie5740 wrote: »

It doesn't matter if they say no. They cannot prevent it from happening. G_M's link even tells you it's covered by the Landlord & Tenant Act 1985 S5. Why bother even asking? Just do nothing.



Again, why bother getting into tit for tat with the letting agent, you have no contract with them your contract is with the landlord. If you really feel that you must contact someone contact the organ grinder (landlord) and not the monkey (letting agency).

Doing nothing is another option.



Again, not as I call it, it is called a Section 21 notice by law. The law also says that a Section 21 does not end a tenancy. A tenancy can only be ended by you, the tenant, serving notice, or by the landlord (that's landlord and not letting agent) going to court to get an eviction order. So, what if you are issued a Section 21, it doesn't mean the landlord will act upon it. The landlord might not even know the letting agent has issued one on his behalf. Do nothing and see if you get court papers in. That's how you'll know if the landlord (again that's landlord and not letting agent) is serious about evicting you. You'd still have enough time to find somewhere else and serve your own notice before it gets to court.



Yes, I'm sure most letting agents prefer renewals because it means more money for them, it still doesn't mean that you have to sign it.

I have done nothing, the day before my AST expires and would become periodic I receive a S21.
What now?

Pixie5740

always_sunny wrote: »

I have done nothing, the day before my AST expires and would become periodic I receive a S21.
What now?

I've already answered that.

G_M

ToyIla,

Ignore most of the petty squabbling in the posts above and read about your options in this post here:

* 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?

It explains your rights.
It explains the landlords rights.
It explains the law.
It explains your options.
It explains the pros and cons of each option.

rtho782

I hate it when LLs/LAs do this. There is no need.

I had one that did this once, I did it the first time, but the second I delayed and delayed until the day before the end of the fixed term, then moved out with no notice (as you don't have to give any to leave at the end of the fixed term).

LL and LA were both furious as they would have a down time. I pointed out why I did it and told them if they hadn't forced a 6 month renewal and fee on me, they would have gotten notice as I'd have been on a rolling contract.

I own now anyway, but the ban on LA fees cannot come fast enough.

always_sunny

G_M wrote: »

Ignore most of the petty squabbling in the posts above ...

TBH - I don't think there was any petty squabbling; even the post you are directing doesn't answer the question.
What happens if 2A cannot be met/achieved?

2) Tenant wishes to stay

a) a new Fixed Term tenancy can be negotiated & agreed, with the same or different length and rent

It gives the impression (and it's often given in this forum) that it's a walk in the park and it's possible, but what happens if there is no agreement and the LL won't budge? It goes into

3) Landlord wishes tenant to leave

The OP has already received the letter before so it's not absurd to assume that if they put their foot down this time (they didn't before), instead of ending up with a STP they may end up with an eviction notice. We are talking about eventuality in a country were evictions are reaching record highs.