Estate Agent in Forcing me to enter a new contract and ingoing my rights...

JJRome

Hi, I Opened this tread:  
https://forums.moneysavingexpert.com/discussion/6174087/in-1-month-and-2-weeks-exactly-my-1-year-tenancy-agreement-comes-to-an-end#latest
a few weeks ago and had some helpful responses.

In Resume my tenancy agreement come to an end very soon. and estate agent is pushing me to renew a new contract instead of keep me in a rolling contract term, I ignore the previous email but they contact me again yesterday and Noticed they published the flat on Rightmove as Available by the end of my agreement. 
I read the whole tenancy agreement yesterday and I can't find any closure  stopping me continues as rolling contract.

The only part I'm a bit confuse is when it says "The Landlord lets to the Tenant the Property for a period of 12 Months. The Tenancy shall start on and include the ## September 2019 and shall end on and include the ## September 2020" not sure if this means I'm forced to only this period. 

I replied today to yesterdays email and told them we are not sure, about our intentions but at the present time we are going to continue paying them monthly and inform with a month in advance if we are leaving.  In Today communication estate agent told me  in order to enter in a rolling contract I need to inform them about it and wait approval by the landlord.
Please Help, This is getting quite stressful now. What can I do? Do I need to get some legal advice? 

numbercruncher8

The contract automatically becomes a rolling one, if you do not sign a new one. You don't get kicked out in September automatically.

I suspect the listing on Rightmove is a bluff. Let me say from prior experience agents want you on a deal because it gives them an excuse to review the rent and they get a larger percentage cut from the landlord.

I wouldn't negotiate with the agents no more and would tell the landlord about what they are saying. Chances are they will not have had any part in it.

If you have been a good tenant the thought of being given notice for not signing a new 1-year deal sounds quite unlikely.

biscan25

If you want to enter into a rolling contract, you don't need to take any action, it will just happen.
Reading your other post, do you have any certainty yet on a completion date on your purchase? The reason I ask is that when you enter into a rolling contract the notice period is effectively a whole rental period. Since you can't give notice on a contract which hasn't started yet (I think!), this would effectively tie you in for another 2 months. Alternatively you can hand your keys back on the last day of the fixed period, no notice required.

greatcrested

You do not need to reply.

You do not need the agreement of the landlord or his agent.

When your current fixed term ends, you will automatically start a periodic (rolling) contract as long as you do not leave.

Read

Post 4: 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?

(this asumes you are in England or Wales).

JJRome

Thanks for the Help Guys 

macman

The EA gets to charge the LL an inflated fee for a new fixed-term tenancy agreement, that is their motivation. 
It's on Rightmove: so what? Ignore it, you are not going to offer them access for viewings, obviously.

[Deleted User]

I would say that they have no right to advertise your flat as vacant as you have no intention of giving notice at this time or will allow viewings, that you have been a good tenant of x years, always paid rent on time and would appreciate the advert being taken down.  I'd also copy this to the LL.  I don't think he will be pleased at the prospect of having to pay finder fees again when there is no need.  I would mention this.

diggingdude

Download that rightmove listing. Might be useful if they try and illegal eviction and or you need to make a harassment claim in the future 

prowla

You could ask the EA why you should sign a new lease instead of automatically going to a rolling contract, just to see what they say.

Grumpy_chap

Has the EA / landlord served notice, and then offered a new fixed term?  That's quite common and offers some advantages to both tenant and landlord.

csgohan4

OP stop being bullied by the EA and do as advised by Greatcrested and do nothing

The only one being stressed should be the LL for Pi$$ing off a paying tenant in this current climate AND risk having a void period.