Advice please

Labtec81

I've just received an email  today asking me to sign and return a fixed term tenancy agreement today for the period from 04/11/2020 - 04/05/2021 but when I moved in last October I signed a fixed term tenancy agreement which after 6 months went onto a periodic tenancy which is what it says would happen in the tenancy agreement I signed in October last year, anyway I don't need to sign a new tenancy agreement because I'm already on a periodic tenancy and the landlord hasn't changed despite the management agent changing recently to St Leger Homes yet they're trying to force me into signing the new agreement that I don't need to sign.

And also if anything happened to me health wise and I had to move out for whatever reason in an emergency for example if I signed the new fixed term agreement it says I would still be liable to pay for the rent and utility bills for the remainder of the fixed term, something I'm not liable for with the periodic tenancy if I gave the 1 month notice required with the periodic tenancy.

I'm only liable for that 1 month not 6 months I could be liable for if I signed a new fixed term tenancy.

Also with regards to inspections of the property it says that given enough notice that can enter my flat whether I'm in or not and I don't agree with that as nobody can go into my flat when I'm not there, the ambulance drivers aren't allowed to come in when I'm not home and neither are my carers, nor is anybody else whether given notice or not except in an emergency situation.

Does anyone have any thoughts about any of the above as I don't need to sign a new fixed term tenancy.

princeofpounds

Yes, you do not need to sign. The risk is that the landlord (or their agent acting for them) decides to issue a S21 notice to terminate your tenancy at the earliest opportunity (at least 6 months under current Covid rules), or a S13 notice to raise your rent.

It is worth asking them why they want the fixed term signed - do you have any idea? It's also worth checking with your LL direct if you suspect the agent is acting unilaterally.

As for inspections - having a clause permitting inspections is quite normal in ASTs. It doesn't override your right to quiet enjoyment however, so you still control who can come in. The details on what this means in practice are a little bit complicated, but it effectively acts as standing permission and shifts the onus onto the tenant to specifically deny permission and/or control access on a case-by-case basis. That's why many people would consider changing the lock barrels on their doors.

Labtec81

Thanks for replying.

That's just it I don't need to sign so just don't want to as it's not needed as I'm already on the periodic tenancy, there's no other reason literally just that.

I get what your saying about them maybe deciding to issue a s21 notice to terminate the tenancy or an s13 notice to raise the rent but if they did issue a s21 out of spite I wouldn't want to rent from them anymore anyway and I'd happily leave and find somewhere else knowing I wouldn't be liable for the remainder of a fixed term.

It may be worth asking them why they want a fixed term signing but that wouldn't change the fact that I just don't need or want to simply because there's no need to as I'm already on a periodic tenancy.

Regarding inspections I don't have a problem them coming in to do inspections but not just coming in when they feel like it if I'm not in, I simply don't know them or trust them, just like I wouldn't have a stranger in due to not knowing them or trusting them due to negative experiences in the past.

I have considered changing the lock but that brings a whole other complication to things but obviously unless they attempted to get access without telling me they wouldn't know anyway.

saajan_12

You sound like you know what you're doing, so don't tie yourself in circles. You can ignore them, but the polite thing would be to  just state you would prefer to remain on a periodic tenancy. 

• They may serve a Section 21 but that will have a long time before you have to leave, and provided you keep paying rent, I suspect they will give up part way through if its only served as a way of encouraging you to sign. 

• They may serve a Section 13  notice to increase rent, but they can increase rent at each new fixed term anyway if you renewed. Anything unreasonable can be disputed at tribunal. 

[I suspect it'll be the new agency wanting fees from the LL, or having a 'policy' that all tenancies they manage have certain terms, or something.. either way, that's between the agent and the LL, not your problem. If they want to provide a new address for serving notices / bank account for you to pay rent, they can do that in writing and you can change your bank transfers accordingly. ]

Labtec81

Thanks for the reply saajan_12,

I've spoken to the new agents and quite frankly they're being funny buggers!! They've said because they're the new management agency if I don't sign a new tenancy agreement that they'll then go back to the landlord and say that they can't manage my flat because I haven't signed the new tenancy agreement so they'd then tell the landlord they won't manage this property and that they'd most likely issue a section 21 notice...

In other words they're trying to force me into signing the new tenancy agreement when I don't have to yet they claim I do.... I know I don't.

I also queried what's the difference between the periodic tenancy I'm on now and the periodic tenancy I'd end up back on in 6 months if I did sign the new tenancy agreement and they said nothing....

They're just saying because they're the new management agency that any tenancy agreement I signed before was with the previous management agency and that because they've taken over the management I have to sign an agreement with them or they won't manage this flat I'm in... Despite the landlord not being any different as I told them...

princeofpounds

Labtec81 said:

They're just saying because they're the new management agency that any tenancy agreement I signed before was with the previous management agency and that because they've taken over the management I have to sign an agreement with them or they won't manage this flat I'm in... Despite the landlord not being any different as I told them...

That's a load of BS. Your previous agreement was with your LL, not the agency, and any new one will be with the LL too. If oyu speak to them again, tell them that, and ask for a good reason why they want a new agreement for their own benefit, as they have admitted it is clearly not for the LL.

Sounds like they are trying to sting the LL for a renewal fee. Do you have your LL's contact details?

greatcrested

It's bluff.

If possible, have a word with your landlord.

Otherwise just ignore. I seriously doubt any sensible LL will serve a S21 on a reliable, good-paying tenant, just for this.

And even if you do get a S21, it will take at least 9 months if not much longer before it gets anywhere near a court.

You could always try writing to the LL, either using the address you have "for serving notices" (Landlord and Tenant Act 1987 S48 ) though this might be the agent's address, or ask for his actual address quoting the Landlord & Tenant Act 1985 S1.

theartfullodger

The new agency are either very stupid and ignorant, or are simply lying about the law.  (or more likely stupid, ignorant and lying..) Change of agency (even change of landlord) does not require a new tenancy agreement.  Don't bother communicating with the "new" agency anymore, Write/email landlord (yes, landlord, keep copy) about any issues. 

Should the new agency press you to communicate with them, reply pointing them at this thread. 

And agents wonder why they sometimes get a bad name.  Social media can be so powerful....

Artful, landlord since 2000

saajan_12

Labtec81 said:

Thanks for the reply saajan_12,

I've spoken to the new agents and quite frankly they're being funny buggers!! They've said because they're the new management agency if I don't sign a new tenancy agreement that they'll then go back to the landlord and say that they can't manage my flat because I haven't signed the new tenancy agreement so they'd then tell the landlord they won't manage this property and that they'd most likely issue a section 21 notice...

In other words they're trying to force me into signing the new tenancy agreement when I don't have to yet they claim I do.... I know I don't.

I also queried what's the difference between the periodic tenancy I'm on now and the periodic tenancy I'd end up back on in 6 months if I did sign the new tenancy agreement and they said nothing....

They're just saying because they're the new management agency that any tenancy agreement I signed before was with the previous management agency and that because they've taken over the management I have to sign an agreement with them or they won't manage this flat I'm in... Despite the landlord not being any different as I told them...

The difference would the periodic tenancy after you sign their contract would include any new clauses (eg the inspections etc) which all continue from the last contract. The other difference would be they'd get one lot of fees from the LL. 

Regardless as advised already, the decline to management and section 21 is probably a bluff..
* Unlikely the management co will turn down management fees due for minor contract clause changes.
* Even if they do, unlikely the LL will go through with the Section 21 and court once they get months down the line, realise they have more months to wait, more hoops to jump through, more costs, more voids etc. They'll probably find it easier to tell the agent to play ball or find a new agent.