Tenancy Renewal Dilemma

SharpeUK · 14 November 2018 at 9:25PM

Hi there,

Would welcome any advice and expertise. Been in the same apartment for a number of years and have been renewing yearly a twelve month contract with a six month break clause via an estate agent. This year I asked to go onto a rolling contract, unfortunately, the landlord wanted to put the rent up and have another 12 months. I begrudgingly accepted. Reason being is the apartment is in a pretty good location and we envisaged a possible move across the country at some point in the future. Subsequently didn't want to move twice if didn't have to with the additional costs and hassle. The contract renews on the 30th November, rent is taken on the 27th of every month.

Now the dilemma is and as sods law works, the reason for a potential move was a possible job my partner has been keen on and would require moving to another part of the country. Low and behold the job has just popped up. Subsequently they've applied and I suspect if fortunate the interview will be circa mid dec. if she's successful in getting the job with a 10 week notice period that she has we will be looking at approximately four months left on the agreement if we sign it. I can't see either the LL or agents playing ball with being released early from contract given the nature of the beast. Although she has a pretty good chance in getting the job (she was tipped off this job would be available at some point), I don't want to be assuming it's a shoe in and still needs to be given an interview and win them over. Preferably we would rather not burn our bridges, especially if she doesn't get the job.

Do you have advice on how to play this? Ideally on the chance of being successful with the job we don't really want to be on the hook for 4 months rent as it's quite a substantial amount. If I ignore the contract renewal and requests to sign it (along with the invoice for renewal) but change my standing order to the new amount, do we just go onto a rolling contract/SPT? Or does that force a contract renewal?

Is it worth approaching the agents and explaining the situation? I can only imagine they'll tell us either sign it or vacate. Sign it and hope they pity us if successful, or just stomach the loss of up to four months rent and put it down as a moving cost? Or do you suggest another way or any other options?

G_M · 14 November 2018 at 9:33PM

See

* 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?

* Rent increases: when & how can rent be increased?

SharpeUK · 14 November 2018 at 9:57PM

thank you for posting the links, I did read them already, was just looking for further advice and clarification.

In rent increase link it states:

C) AT THE END OF THE FIXED TERM
Often a landlord (or his agent) will offer a new Fixed Term contract. This can be at a new rent, and can be for any amount they wish. However, the tenant is under no obligation to agree. His options are:
agree and sign the new FT contract at the new rent or
negotiate and agree a different amount, and sign this amended FT contract or
move to a Statutory Periodic Tenancy (see this post here) at the same rent as before
Find a cheaper property and move out. No notice is required by the tenant at the end of the FT.

My ideal option there isn't listed which is I did agree to the rent rise, but given the circumstance that has now arisen signing the contract could prove significantly detrimental, so would prefer to delay signing the contract and or go onto the a SPT whilst honouring the rent increase. I would prefer not to upset the apple cart and risk a S21 unnecessarily, should she not be successful in this job application.

ThePants999 · 14 November 2018 at 10:07PM

You can do exactly what you proposed, if you like - change your standing order to the new amount but don't otherwise engage with renewal. You will go onto an SPT, but will be deemed to have accepted a rent increase - and since that's the key thing the landlord's looking for, it's highly unlikely they'll evict you.

SharpeUK · 14 November 2018 at 10:27PM

@AFF8879 Thanks for replying. Did you go through your estate agent when contacting you LL? I've never spoken to my landlord so no idea if he would appreciate that as any contact is through the agent. The agents are like your typical agent so will be pushing for a renewal. Yes we've been very easy going tenants and put up with a few niggles that perhaps others wouldn't. He's certainly in never a rush to fix things until absolutely necessary :rotfl:

@ThePants999 Thank you. Good to know paying the rent increase doesn't engage the 12 month agreement and will roll onto a SPT. Do you think it's worth giving the EA's a heads up that's what I intend to do or just ignore their communications all together ref the renewal?

ThePants999 · 14 November 2018 at 10:34PM

Good question. If I were in your position, I think I'd write to the landlord, CCing the agent, to say "hello - I'm accepting the rent increase but not looking for a new 12 month contract right now, happy with an SPT, thanks for being a good landlord, I look forward to continuing our relationship". Just to try to ensure the agent doesn't start making noises about "the tenant's being difficult" to the landlord in an attempt to secure their renewal fees.

Sibz · 16 November 2018 at 12:41AM

Might they wish to go down an S21 route if you don't fix for another year? Only asking because if that is a real possibility then you'd be aswell going onto the SPT at the current rate (not the new one) as the process would end up being the same but at least you'd be paying less during it.

Might be best contacting the LL as suggested above - to ask him what you're options are, you could offer to split the difference and tie in for 6 months.

Wanderingpomm · 16 November 2018 at 9:53AM

Just don’t Sign a new fixed tenancy. Keep paying as you were and it will roll on

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Tenancy Renewal Dilemma

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