Tell landlord not renewing, just leave or roll over to periodical ?

[Deleted User]

My partner has a tenancy that expires on mid June. Due to corona - he left that house and moved in with me when Jenny Harries suggested that. His son remains in the house because as a key worker he is more risk and my partner is immune suppressed so safer all round. 

Agents wrote to him today “delighted” at offering him new 12 month tenancy with increased rent or to let them know he wont be staying. We wont be taking up the offer. He is a police officer so we must be above board on everything. Rent always will be paid. 

Do we let them know he doesnt want to renew or just do nothing and vacate on the end date or maybe just let it roll over onto a periodical tenancy in case his son wants to stay a few months longer till this coronavirus is more settled ? Its all undecided yet. 

greatcrested

Well first off there's no hurry to make a decision. Mid June is 2 months away.

Does he want a new 12 month tenancy? That gives him security for him/his son for the next 12 months? If yes, is he happy with the new rent? Is it reasonable, when compared with local rents?

If he wants more flexibility, then a periodic tenancy would give him that. Depending on the relationship with the landlord, he could either say that's what he'd like, on the basis that openness is generally the best policy, or say nothing and just allow the tenancy ro become periodic by simply not vacating in June. Of course, doing this means the LL has no advance warning of whether the property will or won't be vacated in June, which is hardly helpful, or conducive to good relations!

tom9980

You were about to buy a BTL property you should already know the answer to this question.

[Deleted User]

tom9980 said:

You were about to buy a BTL property you should already know the answer to this question.

Thanks very helpful 
Id have read it all before but this has just reared its head and my completion wasnt for a few months - I had a specific tenant in mind - so wasnt an issue 

[Deleted User]

greatcrested said:

Well first off there's no hurry to make a decision. Mid June is 2 months away.

Does he want a new 12 month tenancy? That gives him security for him/his son for the next 12 months? If yes, is he happy with the new rent? Is it reasonable, when compared with local rents?

If he wants more flexibility, then a periodic tenancy would give him that. Depending on the relationship with the landlord, he could either say that's what he'd like, on the basis that openness is generally the best policy, or say nothing and just allow the tenancy ro become periodic by simply not vacating in June. Of course, doing this means the LL has no advance warning of whether the property will or won't be vacated in June, which is hardly helpful, or conducive to good relations!

No defo wont do another 12 months 
I think he’ll say really not sure with corona etc - will let you know asap, may just roll over to a periodical till decisions made 

[Deleted User]

combatcolin said:

We are in a similar position our TA runs out end of May

we would like to stay here as long as LL reduced the rent by the appropriate amount as lot of people are in 80% income so rents shops be reduced to 80%

My question is what will happen if we can negotiate and we don’t sign a new TA but they can’t evict us as the country is still in lockdown 

Assuming you are in England or Wales, you'll automatically start a periodic tenancy, either contractual (check your tenancy agreement) or statutory.  

numbercruncher8

The kind of estate agent spin makes me think it is rubbish.
Just refuse and say you are happy for it to revert to a periodic.
They may refuse this and say 'no, the landlord can't accept that'. At this time you may have to just e-mail the landlord directly and explain. 
In our case it turned out the landlord was out of the loop totally and the estate agents were making it all up. The reason being management fees on a contracted rental were higher than a periodic.

[Deleted User]

numbercruncher8 said:

The kind of estate agent spin makes me think it is rubbish.
Just refuse and say you are happy for it to revert to a periodic.
They may refuse this and say 'no, the landlord can't accept that'. At this time you may have to just e-mail the landlord directly and explain. 
In our case it turned out the landlord was out of the loop totally and the estate agents were making it all up. The reason being management fees on a contracted rental were higher than a periodic.

There is literally nothing a letting agent or landlord can do to prevent a periodic tenancy starting the day after the fixed term ends so the letting agent can refuse all they like but it won't get them anywhere.

grumiofoundation

combatcolin said:

Lover_of_Lycra said:

combatcolin said:

We are in a similar position our TA runs out end of May

we would like to stay here as long as LL reduced the rent by the appropriate amount as lot of people are in 80% income so rents shops be reduced to 80%

My question is what will happen if we can negotiate and we don’t sign a new TA but they can’t evict us as the country is still in lockdown 

Assuming you are in England or Wales, you'll automatically start a periodic tenancy, either contractual (check your tenancy agreement) or statutory.  

Thanks and is that an advantage to the tenant or the LL?

Well the tenant wants a periodic contract so pretty advantageous to them

numbercruncher8

Lover_of_Lycra said:

There is literally nothing a letting agent or landlord can do to prevent a periodic tenancy starting the day after the fixed term ends so the letting agent can refuse all they like but it won't get them anywhere.

Yes exactly, I should have mentioned that. 
The estate agents will pretend otherwise. 
I don't think there is any harm in just ignoring their calls or not replying to their emails. In our case they started calling multiple times per day and emailing every week chasing. It only took one forwarded email to the landlord to stop it, because they had been acting on their own trying to gain the contract so they could bill higher fees.

Of course it could be the case that the landlord does really want a fixed term, but this seems unlikely to me if you have been a good tenant and I believe it is really was so they would seek to contact you directly.

steampowered

I would reply politely explaining that you are not prepared to sign up for another 12 months, and will not agree to a rent increase given the current circumstances, but are happy to allow the tenancy to continue as a monthly periodic tenancy at the same rent until the Covid-19 situation has settled.

It doesn't matter whether the letting agent likes that or not, but you should at least let them know where you stand.