Renewal fee

Mr_ML

Folks thank you very much again. I'm reading the link now. 
My contract finishes on 24th of November and I'd like to sign another year without paying the fee.
I'll update the thread next Monday. 

davilown

Mr_ML said:

anselld said:

It is not legal.

Slithery said:

Which country are you in?

canaldumidi said:

If England/Wales (not sure about the other 2) it's not legal. You could always pay, get the renewal, then reclaim the fee as per the attached guidance.

Or as suggested above, simply move to a monthly periodic (rolling) tenancy (see link).

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?

Tenant Fees Act 2019: guidance for tenants (updated September 2020)

England. 
Thanks for your help. I don't think I can move to an ast:
"If you do not wish to extend your tenancy, we would kindly ask that you inform us as soon as possible to allow time to make the required arrangements to terminate your tenancy, re-market the property and return deposits where applicable. If this is the case, please email your notice to xxx"
I'll tell them that's no legal, let's see their answer. 

Unfortunately that’s against the law - you move automatically to an ast regardless of what they may say

davilown

Mr_ML said:

Folks thank you very much again. I'm reading the link now. 
My contract finishes on 24th of November and I'd like to sign another year without paying the fee.
I'll update the thread next Monday. 

Why sign for another year? You don’t have to. As already stated, you automatically revert to a rolling contract. 

Mr_ML

davilown said:

Mr_ML said:

Folks thank you very much again. I'm reading the link now. 
My contract finishes on 24th of November and I'd like to sign another year without paying the fee.
I'll update the thread next Monday. 

Why sign for another year? You don’t have to. As already stated, you automatically revert to a rolling contract. 

I don't want to receive a S21 notice 

Slithery

Mr_ML said:

davilown said:

Mr_ML said:

Folks thank you very much again. I'm reading the link now. 
My contract finishes on 24th of November and I'd like to sign another year without paying the fee.
I'll update the thread next Monday. 

Why sign for another year? You don’t have to. As already stated, you automatically revert to a rolling contract. 

I don't want to receive a S21 notice 

Even though it would still take them years to evict you?
I'd go for a rolling contract for the extra flexibility it gives you. It will be much easier to leave when you want if your circumstances change unexpectedly.

MaryNB

davilown said:

Mr_ML said:

anselld said:

It is not legal.

Slithery said:

Which country are you in?

canaldumidi said:

If England/Wales (not sure about the other 2) it's not legal. You could always pay, get the renewal, then reclaim the fee as per the attached guidance.

Or as suggested above, simply move to a monthly periodic (rolling) tenancy (see link).

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?

Tenant Fees Act 2019: guidance for tenants (updated September 2020)

England. 
Thanks for your help. I don't think I can move to an ast:
"If you do not wish to extend your tenancy, we would kindly ask that you inform us as soon as possible to allow time to make the required arrangements to terminate your tenancy, re-market the property and return deposits where applicable. If this is the case, please email your notice to xxx"
I'll tell them that's no legal, let's see their answer. 

Unfortunately that’s against the law - you move automatically to an ast regardless of what they may say

OP is already on an AST. It is always an AST, it just starts as fixed and automatically becomes periodic after the fixed term if not renewed or ended by the tenant. 

Mr_ML said:

davilown said:

Mr_ML said:

Folks thank you very much again. I'm reading the link now. 
My contract finishes on 24th of November and I'd like to sign another year without paying the fee.
I'll update the thread next Monday. 

Why sign for another year? You don’t have to. As already stated, you automatically revert to a rolling contract. 

I don't want to receive a S21 notice 

We're just advising you on that as a worst case scenario. Why don't you get in contact with the landlord and see if they are happy for you to continue long term with a periodic tenancy? Say the letting agency is telling you they will terminate the contract (which they are not legally allowed do) if you don't renew. And that they are illegally trying to charge you renewal fees. 

The letting agent can only issue an S21 if the landlord agrees. The letting agency wants to to renew so they can charge the landlord more fees. While they cannot charge you as the tenant, they can charge the landlord. It also will cost the landlord a lot of money to find new tenants and as someone else has pointed out, it's unlikely they'll try to get rid of you if you're a decent tenant who always pays their rent. 

Mr_ML

MaryNB said:

davilown said:

Mr_ML said:

anselld said:

It is not legal.

Slithery said:

Which country are you in?

canaldumidi said:

If England/Wales (not sure about the other 2) it's not legal. You could always pay, get the renewal, then reclaim the fee as per the attached guidance.

Or as suggested above, simply move to a monthly periodic (rolling) tenancy (see link).

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?

Tenant Fees Act 2019: guidance for tenants (updated September 2020)

England. 
Thanks for your help. I don't think I can move to an ast:
"If you do not wish to extend your tenancy, we would kindly ask that you inform us as soon as possible to allow time to make the required arrangements to terminate your tenancy, re-market the property and return deposits where applicable. If this is the case, please email your notice to xxx"
I'll tell them that's no legal, let's see their answer. 

Unfortunately that’s against the law - you move automatically to an ast regardless of what they may say

OP is already on an AST. It is always an AST, it just starts as fixed and automatically becomes periodic after the fixed term if not renewed or ended by the tenant. 

Mr_ML said:

davilown said:

Mr_ML said:

Folks thank you very much again. I'm reading the link now. 
My contract finishes on 24th of November and I'd like to sign another year without paying the fee.
I'll update the thread next Monday. 

Why sign for another year? You don’t have to. As already stated, you automatically revert to a rolling contract. 

I don't want to receive a S21 notice 

We're just advising you on that as a worst case scenario. Why don't you get in contact with the landlord and see if they are happy for you to continue long term with a periodic tenancy? Say the letting agency is telling you they will terminate the contract (which they are not legally allowed do) if you don't renew. And that they are illegally trying to charge you renewal fees. 

The letting agent can only issue an S21 if the landlord agrees. The letting agency wants to to renew so they can charge the landlord more fees. While they cannot charge you as the tenant, they can charge the landlord. It also will cost the landlord a lot of money to find new tenants and as someone else has pointed out, it's unlikely they'll try to get rid of you if you're a decent tenant who always pays their rent. 

Thanks, honestly I'd rather move to the rolling contract. I feel "stupid" because I wasn't aware of this AST contract, I've always accepted the new fix contract (with my previous landlord), I always thought my options were new contract or leave the property. 

MaryNB

Mr_ML said:

MaryNB said:

davilown said:

Mr_ML said:

anselld said:

It is not legal.

Slithery said:

Which country are you in?

canaldumidi said:

If England/Wales (not sure about the other 2) it's not legal. You could always pay, get the renewal, then reclaim the fee as per the attached guidance.

Or as suggested above, simply move to a monthly periodic (rolling) tenancy (see link).

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?

Tenant Fees Act 2019: guidance for tenants (updated September 2020)

England. 
Thanks for your help. I don't think I can move to an ast:
"If you do not wish to extend your tenancy, we would kindly ask that you inform us as soon as possible to allow time to make the required arrangements to terminate your tenancy, re-market the property and return deposits where applicable. If this is the case, please email your notice to xxx"
I'll tell them that's no legal, let's see their answer. 

Unfortunately that’s against the law - you move automatically to an ast regardless of what they may say

OP is already on an AST. It is always an AST, it just starts as fixed and automatically becomes periodic after the fixed term if not renewed or ended by the tenant. 

Mr_ML said:

davilown said:

Mr_ML said:

Folks thank you very much again. I'm reading the link now. 
My contract finishes on 24th of November and I'd like to sign another year without paying the fee.
I'll update the thread next Monday. 

Why sign for another year? You don’t have to. As already stated, you automatically revert to a rolling contract. 

I don't want to receive a S21 notice 

We're just advising you on that as a worst case scenario. Why don't you get in contact with the landlord and see if they are happy for you to continue long term with a periodic tenancy? Say the letting agency is telling you they will terminate the contract (which they are not legally allowed do) if you don't renew. And that they are illegally trying to charge you renewal fees. 

The letting agent can only issue an S21 if the landlord agrees. The letting agency wants to to renew so they can charge the landlord more fees. While they cannot charge you as the tenant, they can charge the landlord. It also will cost the landlord a lot of money to find new tenants and as someone else has pointed out, it's unlikely they'll try to get rid of you if you're a decent tenant who always pays their rent. 

Thanks, honestly I'd rather move to the rolling contract. I feel "stupid" because I wasn't aware of this AST contract, I've always accepted the new fix contract (with my previous landlord), I always thought my options were new contract or leave the property. 

I have had letting agents in the past tell me that I have to renew the contract. It was always worded as if renewing or moving out were my only options. They get more money this way. 

The agency's wording to you is specifically designed to trick you into giving notice if you don't want to renew because they know it's the only way to get you out quickly. If you refuse to leave it could take months, maybe more than a year with current court backlogs. A landlord agreeing to go down that route if you are a decent paying tenant would be baffling but it is the worst case scenario.

saajan_12

Mr_ML said:

anselld said:

It is not legal.

Slithery said:

Which country are you in?

canaldumidi said:

If England/Wales (not sure about the other 2) it's not legal. You could always pay, get the renewal, then reclaim the fee as per the attached guidance.

Or as suggested above, simply move to a monthly periodic (rolling) tenancy (see link).

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?

Tenant Fees Act 2019: guidance for tenants (updated September 2020)

England. 
Thanks for your help. I don't think I can move to an ast:
"If you do not wish to extend your tenancy, we would kindly ask that you inform us as soon as possible to allow time to make the required arrangements to terminate your tenancy, re-market the property and return deposits where applicable. If this is the case, please email your notice to xxx"
I'll tell them that's no legal, let's see their answer. 

Thats nice that they kindly ask. Still not something you have to do either by statute or even by contract. You have the right to do nothing, stay past the end of the fixed term, and automatically go onto a periodic AST, if that's what you want. 

Note you may not want to, ie if you prefer a bit more security & less flexibility with a 12 month fixed term, then they can agree or disagree but they can't charge for it. 

Chandler85

I have a friend who lives somewhere where the agent said this.  They replied saying they won't renew but will be moving to a monthly (well 2 months in this case), they replied saying they will double check that the landlord is happy with that because he liked yearly ones.

So I said just reply saying that they were moving to a the ongoing AST as per their rights and sent a link to show it.  Apparently the landlord magically agreed immediately, now the landlord is a little slow to reply normally, so their is little chance he was involved at all, they just wanted to charge him a fee for my friend renewing.