Landlady selling house - agency pushing for Contractual Periodic Tenancy

trevormax · 18 June 2018 at 9:06PM

You say the LA is "underhanded" and your other-half is worried they will try to take some of your deposit with cleaning costs and other stuff, and he thinks you should go on to the CPT to stay on their good side.

Have you considered the fact that even if you do go along with thier suggestion, they will try it on with you anyway when you move out? Indeed, they may take your acceptance as a sign that you:
a) don't have a clue what you are doing and therefore an easy target
b) are a pushover and will fold to their demands, and are therefore an easy target.

Right now would be a good time to show them you have knowledge and a backbone by telling them that you will go on to the SPT and save £60. Start to pack things up ready and clean the house, and be ready to move to your newly purchased house, having only needed to give one month notice.

BadAtHaggling · 18 June 2018 at 10:22PM

Right, thanks everyone - appreciate the input. I had read what I thought were the relevant bits of G_M's guide but it sounds like I need to give it another go.

I've never had any issues with LLs or LAs previously (believe it or not) so challenging them on contractual issues isn't something I've had to think about before. So yes, it did feel daunting, but knowing we're in a strong position to say no is great and is what I came here to find out. Cheers.

G_M · 18 June 2018 at 10:37PM

As you've identified you have a choice.

* sign the new contract, pay the fee, and move to a CPT, or

* do nothing, save yourself the fee, move to a SPT but potentially antagonise the agent and/or landlady.

Your call.

BadAtHaggling · 19 June 2018 at 12:51AM

G_M wrote: »

As you've identified you have a choice.

* sign the new contract, pay the fee, and move to a CPT, or

* do nothing, save yourself the fee, move to a SPT but potentially antagonise the agent and/or landlady.

Your call.

Hi G_M. What would you do in this situation?

[Deleted User] · 19 June 2018 at 5:22AM

That's not a fair question to ask. You are the one in the situation, you have some knowledge of the LL and your own circumstances.., G_M doesn't.

We don't have crystal balls, I'm afraid. i suspect you are over imagining what can happen if you don't take the offer. Both the LL and LA are trying to benefit, in my opinion, unreasonably from you. Why do it?

Even if the LL did decide to evict you, you would have 2 months notice once S21 was served, wait for court date for Possession Order, which would allow another two weeks notice, then wait for bailiffs to be appointed. Allow time for LA/LL to waste and it would probably take 5 months for them to evict you. You aren't there yet.

Just ignore the email. Play for time and see what they do. As you are paying rent, probably nothing. And save £60.

You seem to be wanting a certainty that just isn't possible.

FBaby · 19 June 2018 at 6:55AM

Just write a very polite letter, stating that you will continue to be flexible and support them with any viewings and that you will work with them in regards to moving when the property is sold, but say that they are no benefits at all to you to sign a CPT and that an SPT seems a fair compromise.

Don't assume that they will be 'nice' with the deposit. In any case, that's not money they would keep for themselves but money they would fight for the LL, so they are less likely to be 'difficult'. Don't let them bully you.

GrumpyDil · 19 June 2018 at 6:59AM

Also if the landlady is selling then odds are she would not want to evict you just for not signing up to a CPT as that would leave her with an empty house and it would be foolish to try and get new tenants whilst selling the house.

It is your choice but I see no benefit to you of agreeing to a CPT other than making the agents happy to get more money.

pinkshoes · 19 June 2018 at 7:51AM

I would just ignore the EA for now.

You are going to have to move anyway, so by signing the contract you will have LESS flexibility with the moving date.

Start looking for other properties ASAP.

Do you live in an area with plenty of different EAs and properties to let?

stator · 19 June 2018 at 9:51AM

Ignore the LA completely. If they contact you, just fob them off and hang up.
Don't write them e-mails, don't respond to e-mails.
You don't need them.
The deposit will come back to you according to the scheme in which it is held and you can contest that if they make deductions.
If you need a reference they will only give you a basic reference anyway, so that won't be affected.

They know they are losing this property and will want to keep milking it for as long as they can. They won't try an evict you, then the landlord would just sell it quickly and they would lose their fee. They will want you to stay there as long as possible.

You really can't take anything they say seriously.

When my tenancy with Northwood came to and end years ago they sent me all sorts of misleading letters with implied threats and phone calls asking if I wanted to stay in the property. I ignored them and let it become a statutory periodic tenancy. I stayed in the property for years after that and it caused no problems at all.

saajan_12 · 19 June 2018 at 10:01AM

BadAtHaggling wrote: »

Thanks so much for the replies, very useful. I've spoken to my partner about this and he's not happy with ignoring the agency's requests to sign a CPT - so proceed politely and diplomatically, don't antagonise, but don't give in either.. Usually the argument is "LL wants security of a fixed term, so with a CPT they're just trying it on to try and get a fee.. I'd guess they're expecting push back as he's concerned they may then be less favourable to us when it comes to things like our deposit - what makes you think they won't try this anyway, to eek out as much money as possible. or recommending to the LL that we are served notice asap. - The LL is trying to sell, with you they get rent of a couple of more months. By evicting you, they have court costs plus void in rent, or stuck with another fixed term, delaying the sale. Even a convincing agent couldn't "recommend" evicting you enough to make the LL do it.

I can see where he's coming from and can imagine them trying to claw back the £60 by saying they had to use cleaners etc, things it will be difficult to challenge them on. - If its their cleaner, the agent will likely do that anywya. If they get no benefit, then why bother. He doesn't want to "annoy" them during this uncertain period. - its not an uncertain period, with the LL selling you have even more confidence they won't evict. I get that, but I also know they're taking advantage of us and hate the idea of us throwing the money away.

Can the 2 months' notice from the LL be guaranteed on a SPT? - yes, but statutory law How would we challenge this legally without a written contract if for example they suddenly served us 1 month's notice and claimed that was ok? - them serving notice isn't enough, they then have to go to court to get a possession order, which they won't get with 1 month notice. So you won't get evicted and they'll have to start again with a new 2 month notice.

I understand its nerve wracking when its about you, but think logically:
* LL wants to sell so not going to serve notice and be stuck with a void/new fixed term
* You're buying so don't need a reference. Even if you do, use a prior LL. Plus worst they can do is not give you one, most references just ask whether rent was paid on time and if there were any damages, little room for the agent to spread their grievances.
* As long as deposit is protected, you can easily dispute any spurious claims. I'd expect they'll claim regardless of whether you give in to the £60, as they'll be used to push back.

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Landlady selling house - agency pushing for Contractual Periodic Tenancy

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