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Kotov
Posts: 4 Newbie
Hi,
Myself and my partner are currently tenants in a property we have lived in for almost 1 year. Our fixed term contract comes to an end on 1st July.
Our letting agents contacted us well in advance of that on behalf of the landlord to tell us they would like us to renew the contract (and charge us several hundred pounds "administration fee" in the process).
We were suspicious whether this was actually driven by the landlord (rather than the agent looking to collect their fee) and so suggested letting the contract lapse and fall back to periodic tenancy (this is what we have agreed with previous landlords at our last few rental properties). We do not have the contact details for the landlord.
In short, the agency have now come back to say the landlord will not accept a periodic tenancy and that they now want to re-market the property to rent and for us to move out on the end of our fixed term on 1st July (option for renewal is off the table).
1) As far as I understand it, even though our fixed term expires on 1st July, they are required to give us at least 2 months notice, which they haven't (1st July was less than 2 months away). Is this correct?
2) Could they argue that their initial mail stating that they wanted us to renew the contract counted as giving notice? (They did state that if we did not agree to extend the contract they would discuss with the landlord the option of evicting us under a section 21 notice, but presumably this wouldn't count as a formal notice at that point?)
3) Assuming my above assumptions are correct, what is our best course of action here? Our preferred aim is basically to drag our eviction date out as long as possible as it's not a good time for us to look for somewhere to move to at the moment due to personal reasons (imminent baby arrival expected..!)
All in all this is turning out to be a very unpleasant process and by far the worst I've experienced in 10+ years of renting so any advice would be greatly appreciated
Myself and my partner are currently tenants in a property we have lived in for almost 1 year. Our fixed term contract comes to an end on 1st July.
Our letting agents contacted us well in advance of that on behalf of the landlord to tell us they would like us to renew the contract (and charge us several hundred pounds "administration fee" in the process).
We were suspicious whether this was actually driven by the landlord (rather than the agent looking to collect their fee) and so suggested letting the contract lapse and fall back to periodic tenancy (this is what we have agreed with previous landlords at our last few rental properties). We do not have the contact details for the landlord.
In short, the agency have now come back to say the landlord will not accept a periodic tenancy and that they now want to re-market the property to rent and for us to move out on the end of our fixed term on 1st July (option for renewal is off the table).
1) As far as I understand it, even though our fixed term expires on 1st July, they are required to give us at least 2 months notice, which they haven't (1st July was less than 2 months away). Is this correct?
2) Could they argue that their initial mail stating that they wanted us to renew the contract counted as giving notice? (They did state that if we did not agree to extend the contract they would discuss with the landlord the option of evicting us under a section 21 notice, but presumably this wouldn't count as a formal notice at that point?)
3) Assuming my above assumptions are correct, what is our best course of action here? Our preferred aim is basically to drag our eviction date out as long as possible as it's not a good time for us to look for somewhere to move to at the moment due to personal reasons (imminent baby arrival expected..!)
All in all this is turning out to be a very unpleasant process and by far the worst I've experienced in 10+ years of renting so any advice would be greatly appreciated
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Comments
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Hi,
Myself and my partner are currently tenants in a property we have lived in for almost 1 year. Our fixed term contract comes to an end on 1st July.
Our letting agents contacted us well in advance of that on behalf of the landlord to tell us they would like us to renew the contract (and charge us several hundred pounds "administration fee" in the process). - This isn't mandatory.
We were suspicious whether this was actually driven by the landlord (rather than the agent looking to collect their fee) and so suggested letting the contract lapse and fall back to periodic tenancy (this is what we have agreed with previous landlords at our last few rental properties). We do not have the contact details for the landlord. - Ask for them
In short, the agency have now come back to say the landlord will not accept a periodic tenancy and that they now want to re-market the property to rent and for us to move out on the end of our fixed term on 1st July (option for renewal is off the table). - that's fine. They can want whatever they like. You aren't obliged to move
1) As far as I understand it, even though our fixed term expires on 1st July, they are required to give us at least 2 months notice, which they haven't (1st July was less than 2 months away). Is this correct? - Yes. and that is NOT notice to leave. You aren't obliged to leave. And if you choose to, you must serve your own notice (or leave before July 1st) or you will continue to be liable for rent
2) Could they argue that their initial mail stating that they wanted us to renew the contract counted as giving notice? (They did state that if we did not agree to extend the contract they would discuss with the landlord the option of evicting us under a section 21 notice, but presumably this wouldn't count as a formal notice at that point?) - No a s.21 notice is very specific.
3) Assuming my above assumptions are correct, what is our best course of action here? Our preferred aim is basically to drag our eviction date out as long as possible as it's not a good time for us to look for somewhere to move to at the moment due to personal reasons (imminent baby arrival expected..!) - that's fine you'll still be there in 2020 as the average eviction times are 6-9 months
All in all this is turning out to be a very unpleasant process and by far the worst I've experienced in 10+ years of renting so any advice would be greatly appreciated
Just ignore the agent. an agent cannot evict you (more or less ever - unless they're also a solicitor basically)0 -
Thanks Comms - all sounds quite reassuring. It had been suggested to me that the fixed term expiry meant they didn't actually have to serve a section 210
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Thanks Comms - all sounds quite reassuring. It had been suggested to me that the fixed term expiry meant they didn't actually have to serve a section 21
Literally no idea who would say that. It's simply not true.
A tenancy can be ended by two entities.
You
The courts.
To take it to court the LL (or his solicitor, but NOT the agent) must appear in court, having served proper notice. s.21 no fault eviction or s.8 with grounds - e.g. rent arrears.0 -
To take it to court the LL (or his solicitor, but NOT the agent) must appear in court, having served proper notice. s.21 no fault eviction or s.8 with grounds - e.g. rent arrears.
And lets be honest, before any of that happens it's far more likely a LL finding out his agent is trying it on and telling him porkies about "tenant doesnt want to renew, we need to find a new one. that will be £xxx thanks very much"0 -
Indeed. Just providing the legal position. As you say in most cases the LL is happy with a rolling contractAnd lets be honest, before any of that happens it's far more likely a LL finding out his agent is trying it on and telling him porkies about "tenant doesnt want to renew, we need to find a new one. that will be £xxx thanks very much"0 -
"Well in advance" as in before the tenant fee ban.
Tell them you will be happy to enter into a new fixed term contract starting 1st July if that is what the L wants, but you will not be signing until after 1 June.0 -
You can of course propose changes in the contract: Lower rent, things being fixed/replaced...
In your shoes I'd simply not reply at all.0 -
read
* 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?0 -
go on landregistry online it will give you the owners addressDon't put your trust into an Experian score - it is not a number any bank will ever use & it is generally a waste of money to purchase it. They are also selling you insurance you dont need.0
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That will give the name/address of the property owner, who may well be, but might not be, the landlord.go on landregistry online it will give you the owners address
Landlord & Tenant Act 1985 section 1:
1 Disclosure of landlord’s identity.
(1)If the tenant of premises occupied as a dwelling makes a written request for the landlord’s name and address to—
(a)any person who demands, or the last person who received, rent payable under the tenancy, or
(b)any other person for the time being acting as agent for the landlord, in relation to the tenancy,
that person shall supply the tenant with a written statement of the landlord’s name and address within the period of 21 days beginning with the day on which he receives the request.
(2)A person who, without reasonable excuse, fails to comply with subsection (1) commits a summary offence and is liable on conviction to a fine not exceeding level 4 on the standard scale.0
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