Can Agents/Landlord force tenants to sign new fixed term licence agreement?

xamapola

Hello, 

We signed a tenancy agreement on a 6 months fixed term that afterwards, would continue on a month-by-month basis. 

After the 6 months, the Agents emailed us to renew for another 6 months, which we did not expect. We were abroad and unable to call them to discuss the matter, so we just renewed for another 6 months.

This new term is coming to an end and the Agents/Landlord are again, trying to impose a new 6 months fix term.

We are happy at the flat, with no intentions to move out but we don't want to be legally tied to a never ending tenancy agreement, in case our circumstances change and we need to move out. 

We told the agents that we expected the agreement will continue month-by-month, as the Licence agreement states, and their answer was that "the landlord wants long term tenants". We explained that we want to stay but on the terms we agreed. The agents said they "will pass our request to the landlord and will let us know their decision". 
We are trying to find out what our rights are, we only want our agreement to be respected and we feel that they should have mentioned that it will renew every six months, but again, we don't know. 

We would be grateful if someone could help us to understand this matter.

Many thanks,

elsien

No you don’t need to sign a new tenancy, the agent is probably just after the fees. Automatically goes onto the months rolling contract as you thought. 

Point this out to the agent.
https://england.shelter.org.uk/housing_advice/private_renting/assured_shorthold_tenancies_with_private_landlords

km1500

... although they can, of course, issue a section 21 as the first stage in bringing the tenancy to an end.

xamapola

elsien said:

No you don’t need to sign a new tenancy, the agent is probably just after the fees. Automatically goes onto the months rolling contract as you thought. 

Point this out to the agent.
https://england.shelter.org.uk/housing_advice/private_renting/assured_shorthold_tenancies_with_private_landlords

Thank you Elsien, there are no fees to sign a renewal, we have the impression that they just send the new tenancy every 6 months so the flat is always rented. 

elsien

km1500 said:

... although they can, of course, issue a section 21 as the first stage in bringing the tenancy to an end.

Be a bit silly though if the OP is a good tenant and wanting to stay just with a bit more flexibility. 

propertyrental

xamapola said:

elsien said:

No you don’t need to sign a new tenancy, the agent is probably just after the fees. Automatically goes onto the months rolling contract as you thought. 

Point this out to the agent.
https://england.shelter.org.uk/housing_advice/private_renting/assured_shorthold_tenancies_with_private_landlords

Thank you Elsien, there are no fees to sign a renewal, we have the impression that they just send the new tenancy every 6 months so the flat is always rented. 

No fees for you (since the Tenant Fees Act - that would be illegal), but the landlord doubtless has to pay the agent a fee for new contract.

SadieO

It doesn't matter what the landlord's "decision" is. Stay put, keep paying your rent and you don't need to say or do anything else. Going into a rolling month to month contract just happens whether anyone wants it to or not. 

Of course as pointed out they could then start the process to evict you but that would seem a pointless and ridiculous thing to do as they'd then just have the same situation with their new tenants. Plus the costs of readvertising and a potential empty period, when instead they could just keep you and keep accepting your rent. 

xamapola

Thank you so much for your help and advice. 

_Penny_Dreadful

You’ve mentioned, “licence agreement,” a couple of times. Do you have a licence or a tenancy? I suspect it’s the latter and you have an Assured Shorthold Tenancy assuming you’re in England. 

MultiFuelBurner

I think it's nice they are only offering a 6 month not a 12 month which could restrict you further.

Where we rent properties they are in short supply but if you know there are other properties you could rent short term locally then refuse and go rolling month and take your chances.

Only you know what is right for you, your area etc.

artyboy

MultiFuelBurner said:

I think it's nice they are only offering a 6 month not a 12 month which could restrict you further.

Where we rent properties they are in short supply but if you know there are other properties you could rent short term locally then refuse and go rolling month and take your chances.

Only you know what is right for you, your area etc.

Yes I'm sure it's done entirely out of altruism on their part and nothing at all to do with charging the landlord fees every 6 months rather than every 12