Landlord trying to charge renewal fee?

Plantlover66

Me and my partner have been renting the same house for the last 4 years, on a 12 month tenancy agreement that we have renewed every year. This year we are renewing again, however we have asked to only renew for 6 months this time, as we are looking to buy our own house in the near future. The landlords are happy to agree to this. 

They have sent us the new contract to sign, and are requesting a £50 fee for the renewal. Knowing that the Tenant Fees Act is now in place, we have challenged the £50 charge. However they have come back to us stating that the £50 fee is covered as it relates to a "novation" fee. I've tried to look online at what constitutes a novation of tenancy, and as far as I can tell this is for making changes to the contract such as changing a tenant, or adding a clause in for a pet. We do have a pet, however this has been agreed since we first started the tenancy agreement 4 years ago.

My question is, does changing the length of the contract constitute a novation? Is my landlord right to charge me £50 just because the new contract length is shorter?

I think the best thing to do, to avoid the landlord being difficult about the new tenancy, is to pay the £50 and then try to challenge it and request a refund later. If I do this, who can I contact that can help me enforce this, and is this the right thing to do.

Thanks in advance for any assistance. 

SpiderLegs

The best thing to do is not sign a new contract. 

pphillips

SpiderLegs said:

The best thing to do is not sign a new contract. 

I agree, why sign a 6 month contract when you may want to leave sooner.

bradders1983

To add to the above, even if you refuse to sign a new contract, the landlord is currently looking at about a year at best to get you turfed out (assuming he wanted to), on the proviso you continue to pay rent on time. So dont worry if you think not signing a new contract will lead to you being kicked out next week or whatever.

And if you are buying somewhere its not as if you need a reference.

diggingdude

Just say thanks but no thanks we won't be signing that 

Plantlover66

pphillips said:

SpiderLegs said:

The best thing to do is not sign a new contract. 

I agree, why sign a 6 month contract when you may want to leave sooner.

Initially we were happy to sign a 6 month contract as we're still saving for a deposit so it's very unlikely we'd be ready to leave before 6 months. It would then change to a rolling 30 day contract afterwards.

If we refuse to sign a new contract, do we have rights which allow us to simply continue on a 30 day rolling contract? Or can the landlord essentially force us to either sign the contract or leave before we're ready? 

bradders1983

Plantlover66 said:

pphillips said:

SpiderLegs said:

The best thing to do is not sign a new contract. 

I agree, why sign a 6 month contract when you may want to leave sooner.

Initially we were happy to sign a 6 month contract as we're still saving for a deposit so it's very unlikely we'd be ready to leave before 6 months. It would then change to a rolling 30 day contract afterwards.

If we refuse to sign a new contract, do we have rights which allow us to simply continue on a 30 day rolling contract? Or can the landlord essentially force us to either sign the contract or leave before we're ready? 

Read my post. He can force you to do absolutely nothing. The courts are so clogged up, and cases with months and months or arrears will likely be prioritised.  In fact a year is probably optimistic.

In the current climate no sane landlord is likely to even commence this procedure if he has rent paying tenants in, especially given the landlord wont see a penny of that £50 fee anyway (i assume its the letting agents charging the £50?)

Plantlover66

Just read your post now, thanks @bradders1983 we're going to go back to the landlords and advise we won't be signing again and just carry on paying rent on a monthly basis until we're ready to leave.

Really appreciate your response. 

bradders1983

Plantlover66 said:

Just read your post now, thanks @bradders1983 we're going to go back to the landlords and advise we won't be signing again and just carry on paying rent on a monthly basis until we're ready to leave.

Really appreciate your response. 

I added a bit more to my post. I assume its a letting agent asking for this £50 rather than the "landlord"?

Plantlover66

No it is in fact our 3 landlords. Although we found the property through a letting agent, the property is managed by the landlords, meaning we've dealt directly with them since moving in.

 We completely understand it would be stupid to get rid of rent paying tenants without new tenants lined up, but if they did decide to be snide, and gave us 2 months notice to move out, can we just refuse? I'm assuming there's not really anything they can do without the courts help and as you mentioned they're extremely backed up at the moment so would work in our favour. 

Just making sure I've understood everything you've mentioned. 

bradders1983

Plantlover66 said:

No it is in fact our 3 landlords. Although we found the property through a letting agent, the property is managed by the landlords, meaning we've dealt directly with them since moving in.

 We completely understand it would be stupid to get rid of rent paying tenants without new tenants lined up, but if they did decide to be snide, and gave us 2 months notice to move out, can we just refuse? I'm assuming there's not really anything they can do without the courts help and as you mentioned they're extremely backed up at the moment so would work in our favour. 

Just making sure I've understood everything you've mentioned. 

They cant give you two months notice. It is now SIX

https://www.gov.uk/evicting-tenants/section-21-and-section-8-notices

Add to that the longer length of time it would take through the court system after that 6 months is up....essentially you are probably looking at 18 months quiet enjoyment assuming you keep your rent up to date.

If they want to do that for the sake of a measly £50, more fool them.