Extension to tenancy: fixed term with or without break clause?

peachespeaches

We have lived happily in our rented house for 6 months almost and want to stay here. We have had a letter from the agent saying provided our landlord is willing we may be able to extend. It asks us to complete a slip saying we would like to request an extension to lease agreement as follows

Fixed term (please quote length eg 6/12 months)

Fixed term with break clause of 1 months notice.

Which is best bearing in mind we want to stay here?

IveSeenTheLight

peachespeaches wrote: »

We have lived happily in our rented house for 6 months almost and want to stay here. We have had a letter from the agent saying provided our landlord is willing we may be able to extend. It asks us to complete a slip saying we would like to request an extension to lease agreement as follows

Fixed term (please quote length eg 6/12 months)

Fixed term with break clause of 1 months notice.

Which is best bearing in mind we want to stay here?

This sound to me like the LA trying to get a further payment from the landlord.
Do you lease directly from the landlord or through a letting agent?
If leasing from the landlord, maybe you could contact them and ask for a re-signing of the lease. This will save them LA costs and they may be more susceptable for your AST tenancy length.

Fixed term (please quote length eg 6/12 months) would tie both you and the landlord in for the period you agree

Fixed term with break clause of 1 months notice would mean you are no better off than being on a periodic tenancy as each party would only need to give 1 months notice.

Therefore as you want to stay, it would be better to ask for a term period to secure for yourselves.

peachespeaches

Thanks. We rent through the letting agent. We know who the landlord is but we have to communicate through the letting agent. We plan to go for the 12 months as we really want to stay here. This wont cost us any extra will it? Will the LA try to put the rent up?

franklee

Well IIRC you had a section 21 notice served on you at the start of the tenancy?
http://forums.moneysavingexpert.com/showpost.html?p=5430787&postcount=23

If so then do not stay on a periodic tenancy unless the S21 is withdrawn in writing.

If you agree a new fixed term then make sure it's negotiated in time for you to still arrange moving as if a new fixed term isn't forthcoming you have already been given notice (the Sword of Damocles). Technically an offer to renew should invalidate the S21 but I'm not sure if you've actually got that or not

If you do renew there will probably be a charge made by the agent, they should have told you what these charges are when you signed up. That's another reason the S21 was served at the start it means you have to renew or get the S21 withdrawn, rather than their doing nothing and allowing the tenancy to go periodic and thus they can levy the administration charge.

peachespeaches

No we didnt have a S21 served. I thought that the particular agent might do this but it turned out they didnt do it to us.

The letter we have received reads:
Your current tenancy agreement is due to expire on 12 December 2007.
Provided your Landlord is willing to continue the Tenancy you may be able to extend. If you wish to do so you must complete the slip below and return this letter to the above office address. Any delay in replying may result in an extension being refused.
If you intend to leave the property at the end of the tenancy, one months notice in writing is still a requirement a stated in your tenancy Agreement ......

So Im going to specify 12 months. Is it better to do so without a break clause or not, bearing in mind we want security, kids in local school etc...