Tenancy Agreement Renewal

BubblesBee

Hi folks!  I hope someone can advise......not sure what my rights as tenant are here..

I'm renting from a private landlord, property being managed by a letting agent.  Fixed term tenancy period ends in a couple of months, but i've been looking to buy (recently had a chain collapse ).  The agency sent through a renewal note recently - with a second rent increase for this year.  I've asked them if we can move on to a periodic tenancy given the circumstances, but they have refused, saying the landlord does not want to.  Instead, they say the landlord wants a 12 month fixed tenancy, and the best they can do is add a 6 month break clause.  They are not open to discussion.  Apparently the fixed term is in the best interests of both the landlord and myself.  Not seeing how this is in my best interest, as I'm being held at ransom here - I wouldn't be able to move until March next year, at the earliest. 

Feeling really frustrated as I don't believe there's a good reason for them to refuse moving to a periodic tenancy, particularly given the current rental market, and the sought after location of the property.  I've been a good tenant - house is well taken care of, no issues with neighbours, rent paid early.

Do I have a legal recourse here?  

Grizebeck

Just let it go periodical. They only want their fee.
They simply can't stop that from happening 
Email them back and tell them you are not signing for another fixed period
End of discussion really.

doodling

Hi,

When your fixed term ends then, by law, you will be on a rolling contract, unless you sign another fixed term contract.

In order to get what you want, you literally need to do nothing.

I would recommend not telling the agency that you are not going to sign as in cases of extreme idocy they may encourage the landlord to evict you (not that that would be a quick process but it may be inconvenient).  Simply be vague and non-commital every time you are chased ("I haven't got round to looking at that yet", "sorry, can you resend the paperwork?", "oops, you've caught me at  a bad time, can I call you back?").

You do of course need to bear in mind that once the fixed period has ended then they can give you two months notice (after which they would need to go to court which would probably take at least another two months, maybe more) so you will be less secure than if you had signed another fixed term.

Grizebeck

Actually the advice above is good

theartfullodger

This is England?

Exactly.  Becomes periodic if you do nothing.  Landlord or agent unable to prevent this. Not possible for tenant to be charged for this (unless they daftly agree to charge)

Bet agent claims this is not possible (untrue)

Artful, landlord for 20+ years

propertyrental

Do nothing. Sign nothing. Your tenancy will automatically become periodic (rolling). Now read:

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?

Oh and don't waste your time discussing this with the agent, Say nothing.

BubblesBee

Thank you so much all.

Sounds like letting it roll over and paying the new rent might be the way to go.  Though given how they are behaving, wouldn't be surprised if they serve notice when the term ends.  Unconscionable really. 

Thanks for the link @propertyrental 

theartfullodger

BubblesBee said:

...

Sounds like letting it roll over and paying the new rent might be the way to go.  ....

Letting it roll over yes, agreeing to new rent - why?? Unless they've served you a valid s13 rent increase notice and you failed at tribunal appeal don't agree any increase!!   (Don't tell them about s13 notices..)

Jami74

Recently went through the same thing. Agent was adamant that the landlord was refusing a periodic tenancy. They made life quite unpleasant for nearly two months (I didn't answer the phone and just kept replying to emails saying I didn't wish to sign for a fixed tenancy at this time). They even offered to not raise the rent if we fixed. Eventually, a few days before the fix ended we got an email saying we'll be going on to a periodic tenancy.

I think they charge a landlord a fee if they do a fix.

propertyrental

BubblesBee said:

Thank you so much all.

Sounds like letting it roll over and paying the new rent might be the way to go???.  Though given how they are behaving, wouldn't be surprised if they serve notice when the term ends.  Unconscionable really. 

Thanks for the link @propertyrental 

When the AST goes periodic, all the original terms, including rent, remain the same. The only difference is in how the T can serve notice and how the LL can apply to court for possession (he can't evict - only a court can).

To implement a rent rise the LL would either have to rely on an existing rent clause in the original tenancy agreement (if any) or serve a S13 Notice.

Or you can choose to pay the new rent, and once paid it becomes the legal rent.

See

Post 5: Rent increases: when & how can rent be increased?

Grizebeck

Please let us know how you get on and any lies the estate tells you.