Delaying renewing tenancy until June to avoid agency fees?

rushi

Hi all

Renting from a private landlord but through a letting agency. Just got the yearly email from the agency that our tenancy is up for renewal (contract starts late July). Definitely want to renew but want to try and delay this until June, when the new law banning agency admin fees will have come into effect - otherwise we will have to pay £125 to renew! I think my landlord will be ok with this but expecting potential pushback from the agency. Can they do anything in this situation - e.g. do they have the power to refuse to let us renew at all!? Want to avoid admin fee but don’t want to end up homeless...

Thanks for any advice

G_M

Why renew?

Just go periodic.

But if you want the security of a 12month fixed term, just delay signing till June- what's the problem?


* 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?

rushi

The problem is that I don’t know enough (or much at all really) about letting agency’s power/rights in this situation to make us renew before June!

Johnhowell

From reading the guidance notes on the new Act is that the fees are still due as you are renewing an existing tenancy agreements. The total ban comes in June 2020 for existing agreements.

Letting Agency powers/rights in this case - NIL
Only consequence for LA is they do not make money from you and probably the landlord on renewal fee. The problem between LL and LA is between them, nothing to do with you. Your contract is with the LL, not the LA.

Read G_M's message and link. If you go periodic I understand you will only have to give the LL one month's notice to vacant when you wish to. LL still has to give 2 month's notice (of intent to evict - which still has to go through the courts to finalise - which can take months)

I understand all other risks are the same as on a fixed term contract.

As you appear to be on good terms with the LL, ask about rolling over to periodic.

Colleague at work is going through the same situation (renewal date 23 June) and suggested not signing renewal but let it become a periodic tenancy. She will write to the Landlord in accordance with Agreement (via Agent?) stating that they intend to remain in the property beyond the Fixed period and roll over to a Periodic Tenancy.

Good luck

da_rule

They can only charge fees until 31 May 2020 if these charges are written into a tenancy agreement which started before the 1 June (i.e. your current tenancy gives you an option to extend on paying an admin fee).

System

rushi wrote: »

The problem is that I don’t know enough (or much at all really) about letting agency’s power/rights in this situation to make us renew before June!

Section 5 of the Housing Act 1988 states that an AST automatically becomes a standard periodic tenancy when the AST ends unless the landlord has applied for repossession under Section 8.

You have to do nothing but continue to pay the rent and ignore their demands for something they're not entitled to.

Murphybear

rushi wrote: »

The problem is that I don’t know enough (or much at all really) about letting agency’s power/rights in this situation to make us renew before June!

That’s what the wonderful people on this forum are for :A

G_M

rushi wrote: »

The problem is that I don’t know enough (or much at all really) about letting agency’s power/rights in this situation to make us renew before June!

which is why I gave you a link to explain it in detail..........


* 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?