Advice need - landlords accessing garden too much for comfort

Grumpy_chap

MultiFuelBurner said:

Quite the contrary I think everyone including tenants, LL and agencies understand that once a new contract is presented you either sign it or risk a section 21.

Everyone wants security and that's what a 12 month AST provides for all parties.

I do agree on the sense of security, as a 12 month contract at least offers that feeling though it may not in reality.

I disagree about the sign or receive S21 notice, though.
We have a property that we let out and a couple of months ahead of the year we always offer up a new 12-month contract. 
I always feel that it gives a measure of everyone's current intentions - plan to stay or not stay.  There is usually a break-clause at 6 months anyway.
On the occasions when the current tenants have indicated a preference to go to a rolling contract, we have been more than happy to accept that as well.  If there is a good tenant, behaving in a proper "tenant-like" manner and paying the rent, why would I chase them out just because they think they might move on anyway before the year is out?

MultiFuelBurner

Grumpy_chap said:

MultiFuelBurner said:

Quite the contrary I think everyone including tenants, LL and agencies understand that once a new contract is presented you either sign it or risk a section 21.

Everyone wants security and that's what a 12 month AST provides for all parties.

I do agree on the sense of security, as a 12 month contract at least offers that feeling though it may not in reality.

I disagree about the sign or receive S21 notice, though.
We have a property that we let out and a couple of months ahead of the year we always offer up a new 12-month contract. 
I always feel that it gives a measure of everyone's current intentions - plan to stay or not stay.  There is usually a break-clause at 6 months anyway.
On the occasions when the current tenants have indicated a preference to go to a rolling contract, we have been more than happy to accept that as well.  If there is a good tenant, behaving in a proper "tenant-like" manner and paying the rent, why would I chase them out just because they think they might move on anyway before the year is out?

We are historically a business that offers very low rents but the rent reform bill shook the local market up a lot as well as interest rates. So we have started a two year exercise of upping the rents a bit (not to current market levels) but must cover ourselves if new laws come in regarding reasonable rent increases and the ombudsman.

So yes currently the small increases need signing. Please note we have not had to issue any S21 as all have signed as they are still the cheapest rents around.

I agree good tenants are worth keeping but as explained above we are just getting ourselves into he right position for all the changes coming (at some point) 

BobT36

MultiFuelBurner said:

BobT36 said:

Grumpy_chap said:

35har1old said:

As the tenancy is coming up for renewal there is no eviction process required

I understood it was an AST and the discussion is about "renewal" being another fixed term.  If nothing is agreed, it will become a rolling tenancy.  The tenant doesn't just have to leave at the end of the fixed term.

Pretty crazy how many people (both tenants, landlords AND agencies) misunderstand this point.. 

Quite the contrary I think everyone including tenants, LL and agencies understand that once a new contract is presented you either sign it or risk a section 21.

Everyone wants security and that's what a 12 month AST provides for all parties.

No. Many seem to think the tenancy automatically ends as soon as the fixed period expires. 

SO many posts on here of people worrying they have to be out, and even agents outright telling them such! That they either sign or "have" to leave as soon as it ends. 

Of course they risk a S21, but that's completely different to it being definite, also I didn't mean when a contract has already been presented. 

MultiFuelBurner

BobT36 said:

MultiFuelBurner said:

BobT36 said:

Grumpy_chap said:

35har1old said:

As the tenancy is coming up for renewal there is no eviction process required

I understood it was an AST and the discussion is about "renewal" being another fixed term.  If nothing is agreed, it will become a rolling tenancy.  The tenant doesn't just have to leave at the end of the fixed term.

Pretty crazy how many people (both tenants, landlords AND agencies) misunderstand this point.. 

Quite the contrary I think everyone including tenants, LL and agencies understand that once a new contract is presented you either sign it or risk a section 21.

Everyone wants security and that's what a 12 month AST provides for all parties.

No. Many seem to think the tenancy automatically ends as soon as the fixed period expires. 

SO many posts on here of people worrying they have to be out, and even agents outright telling them such! That they either sign or "have" to leave as soon as it ends. 

Of course they risk a S21, but that's completely different to it being definite, also I didn't mean when a contract has already been presented. 

Yes that is the current state in the rental market. Landlords know they can fill the property quickly, more than likely at a higher rent. In the current market tenants should sign a newly presented contract or risk a S21 imo and that will be what I say here. I can understand why those who have rented for a long time cannot see what is going on right now but security for everyone is key in the current market. 

I agree tenants don't know the rules but that is why they may appear here. No one said it was a definite. But again in the current market why shouldn't tenants seek out 12 months AST for security?

I know you constantly advise people that they don't have to sign to people on this board but in the current market your advice might not be the best in the current market conditions where we see 30 people clambering for one property without even advertising. It could be making some homeless.

the_lunatic_is_in_my_head

Shouldn't talk of S21 come with the usual caveats that in order to be valid the deposit needs to be protected, gas safety checks done and the renters guide thingy provided?

I understand with a letting agent involved it's more likely these have been done but I assume, same as there being poor landlords and poor tenants, there are poor agents. 

If OP were to sign a new 12 months, with a valid S21 does that not give them around 16 months of certainty (reduced to whatever if there is a break clause), possibly longer if the S21 would be invalid to begin with? 

I guess the OP needs to look at how much their rent is compared to alternatives and how attached they are to that house as their home and weigh that up against living in a situation where merely asking about garden maintenance results in the landlord behaving like a child and increasing their visits to 4 times a week to make a point. 

35har1old

Grumpy_chap said:

35har1old said:

ka7e said:

Section62 said:

ka7e said:

I would think it's entirely reasonable to have a lock on your garden gate for your own security and peace of mind. Tell the letting agent you are fitting a lock on the inside (so the LL cannot ask for a key to let himself in) as recommended by crime prevention agencies. He will now be required to give notice so the gate can be unlocked for his visits.

What gives you confidence the landlord won't respond to that move by commencing the process to end the tenancy?  Is that outcome something the OP wants, or would prefer to avoid?

The alternative being the OP suck it up and continues to have his privacy and quiet enjoyment violated? I said it is a "reasonable" expectation to be allowed a lock on your gate for security reasons and the relationship with the LL has been fairly cordial. The LL also risks having to go through the eviction process with a good tenant who has not been in arrears, and finding another reliable tenant who has no objection to him wandering around their garden.

As the tenancy is coming up for renewal there is no eviction process required

I understood it was an AST and the discussion is about "renewal" being another fixed term.  If nothing is agreed, it will become a rolling tenancy.  The tenant doesn't just have to leave at the end of the fixed term.

OP has not stated what type of tenancy it is if it is AST if the correct notice is given it won't rollover to rolling tenancy. You only have that protectiion with AT