FTB, Delays & Fixed Term Tenancy

Slithery

flimdar said:

UPDATE: I've spoken to a some other residents who've challenged our landlord, apparently the landlord's insisted yearly price increases means you DO have to sign a new contract. That's how they're forcing people to - by saying you're signing to agree to the price rise (again if you don't agree to a price rise its a S21) not agree to another fixed-term contract.

No, you don't. Your LL is making it up.

[Deleted User]

flimdar said:

UPDATE: I've spoken to a some other residents who've challenged our landlord, apparently the landlord's insisted yearly price increases means you DO have to sign a new contract. That's how they're forcing people to - by saying you're signing to agree to the price rise (again if you don't agree to a price rise its a S21) not agree to another fixed-term contract.

Also. Managed to get a termination date out of the builders solicitors. Turns out its the end of next month as contracts were exchanged with a June anticipated completion date. So if house isn't finished we'll undoubtedly be rescinding the deal.

Good to see you've not bothered reading the sticky at the top of the board that you have been directed towards numerous times now.

grumiofoundation

flimdar said:

UPDATE: I've spoken to a some other residents who've challenged our landlord, apparently the landlord's insisted yearly price increases means you DO have to sign a new contract. That's how they're forcing people to - by saying you're signing to agree to the price rise (again if you don't agree to a price rise its a S21) not agree to another fixed-term contract.

Also. Managed to get a termination date out of the builders solicitors. Turns out its the end of next month as contracts were exchanged with a June anticipated completion date. So if house isn't finished we'll undoubtedly be rescinding the deal.

As above - you don't have to sign a new contract.

You also don't have to sign a new contract in order to agree to a price rise.

If you wish to communicate with them - you don't in any way need to - just tell them that you are happy to let the contract roll onto a periodic tenancy. Don't mention Section 21 -  is a decent chance they won't even serve.

greatcrested

Why did you bother to seek advice here if you are going to simply ignore it?

Either believe what the landlord tells you (after all, he's a nice guy, you can believe everthing he says!!),or believe what you are told by numerous totally impartial people, all of who are telling you the same thing, backed up by links to tenancy law for you to read.

macman

flimdar said:

greatcrested said:

flimdar said:

However... the REAL issue is that we are in a rented apartment. With a new contract due to be signed. When previous contract ended landlords refused a rolling contract... same expected now. But... all contracts with landlord are a YEAR long, with a 6-month break clause with 2-months notice (in this case you can give notice in April form a June end, or ANY 2-months notice after that). Which pretty much leaves us screwed in terms of timings.

the LL can say they'd prefer a new fixed term, or they can say they refuse a rolling contract, but the legal reality is that if you don't sign you will automatically have a periodic (rolling) tenancy. See my post here

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?

Our landlord (a management company NOT private landlord) also say that if you do not sign a new fixed term contract they'll issue a Section 21...

Of course they will say that. For the simple reason that, every 6m, they can then charge the LL a nice fat renewal fee for arranging a new fixed term tenancy agreement. Which requires them to change the dates, print it out and send it to you for signature. Probably £100 at least for doing not a lot. Let's say they manage 50 properties. 100 renewals a year, thats ten grand a year. Money for old rope.

flimdar

greatcrested said:

Why did you bother to seek advice here if you are going to simply ignore it?

Either believe what the landlord tells you (after all, he's a nice guy, you can believe everthing he says!!),or believe what you are told by numerous totally impartial people, all of who are telling you the same thing, backed up by links to tenancy law for you to read.

I have read the advice. I've have taken in on board. I've spoke to other tenants. Other tenants have stated they shared the same information to the management company - you know how many people have been successful at moving on to a rolling contract? NONE.

Each and every tenant I've spoke to (there's a shared FB page for ALL the tenants in our complex FYI) has tried unsuccessfully to argue the point. Each one has told me that the management company have stated "you're signing a contract to agree to the price rise NOT signing a new fixed term contract" - though they sneak the new fixed terms into that new 'price-rise' contract.

Those that haven't signed? I haven't found one that actually stayed past the end of their contract. I've honestly yet to talk to a single tenant in FOUR apartment blocks (60-70 apartments per block) who are on a rolling contract, everyone is "pressured" to re-sign.

flimdar

Lover_of_Lycra said:

flimdar said:

UPDATE: I've spoken to a some other residents who've challenged our landlord, apparently the landlord's insisted yearly price increases means you DO have to sign a new contract. That's how they're forcing people to - by saying you're signing to agree to the price rise (again if you don't agree to a price rise its a S21) not agree to another fixed-term contract.

Also. Managed to get a termination date out of the builders solicitors. Turns out its the end of next month as contracts were exchanged with a June anticipated completion date. So if house isn't finished we'll undoubtedly be rescinding the deal.

Good to see you've not bothered reading the sticky at the top of the board that you have been directed towards numerous times now.

I have read the advice. I've have taken in on board. I've spoke to other tenants. Other tenants have stated they shared the same information to the management company - you know how many people have been successful at moving on to a rolling contract? NONE.

Each and every tenant I've spoke to (there's a shared FB page for ALL the tenants in our complex FYI) has tried unsuccessfully to argue the point. Each one has told me that the management company have stated "you're signing a contract to agree to the price rise NOT signing a new fixed term contract" - though they sneak the new fixed terms into that new 'price-rise' contract.

Those that haven't signed? I haven't found one that actually stayed past the end of their contract. I've honestly yet to talk to a single tenant in FOUR apartment blocks (60-70 apartments per block) who are on a rolling contract, everyone is "pressured" to re-sign.

macman

You don't have to 'move onto' a rolling contract. If you don't sign, it rolls over automatically. The idea that the agent or LL would then issue an S21 to an otherwise reliable tenant is absurd. And, if they do, it will currently take a year or more to evict them.
Like I said, at £100 a pop multiplied by around 500 renewals every year, it's obvious why they would employ this tactic. Someone needs to make a stand: why can't it be you?

flimdar

macman said:

You don't have to 'move onto' a rolling contract. If you don't sign, it rolls over automatically. The idea that the agent or LL would then issue an S21 to an otherwise reliable tenant is absurd. And, if they do, it will currently take a year or more to evict them.
Like I said, at £100 a pop multiplied by around 500 renewals every year, it's obvious why they would employ this tactic. Someone needs to make a stand: why can't it be you?

They don't actually charge for renewals. Surprisingly.

newsgroupmonkey_

OP. please listen to people in here. The other tenants are wrong. Believe me. They're just other people in your situation.

The people in here are EXPERTS in tenancy (many are landlords, others advise on this stuff).

They really can't kick you out without a court order. It doesn't matter what your contract says. They really can't.

And they have to serve you a section 21 which is now 6 months because of the Covid situation (it was previously 2 months).

I PROMISE YOU there will not be someone turn up at the end of the contract and say "out". If there is, call the Police. Whoever it is is likely not only to spend a night in Jail, but potentially end up with a prison sentence. As above. Only a court appointed bailiff can kick you out.