Landlord/agents trying to push me onto a fixed term tenancy along with rent increase and £150 admin

cashmonger · 18 April 2019 at 8:46PM

steampowered wrote: »

I am actually in a very similar situation.

It sounds like this is all being driven by the agency rather than the landlord.

I simply told the letting agent "no". Simply state that you are happy with the current arrangement and do not agree to a rent increase or to an unnecessary fixed term contract.

Nothing they can do about it. The only thing that could be done would be for the landlord to serve a s21 notice if he is genuinely that unhappy. The landlord is most unlikely to evict you if you are paying close to market rent and a good tenant.

Even if the landlord did want to evict you, they'd probably tell you about that first and would have to give 2 months notice, plenty of time to find another property.

There is no need to start criticising the letting agent's motives or threatening to report them. That will just get their backs up and they will just deny it. Best just to be give a polite but give a clear "no".

And what was their response when you told them no?

D_M_E · 18 April 2019 at 9:08PM

Landlord might not know about the proposed increase - landlord could be being kept in the dark about this and the increase could be going straight to the agent's bottom line.

cashmonger · 18 April 2019 at 9:10PM

How's about this then...

Rewrote it based on both your responses. I thought it better to clearly state the rent price so they can't try some gymnastics that I were somehow agreeing to a different rent amount:

I am happy with the current arrangement and feel that it is fair for the landlord too to remain at the current rate of £475 rather than incur unwanted fees and void in rent.

I have no wish to go into an unnecessary contract as the current arrangement has already proven to be agreeable for both parties.

As the landlord's address was not provided in the initial serving of notices letter I received from yourselves I request you provide the landlord's physical address as required by Section 1 of theLandlord & Tenant Act 1985 which states:

"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."

steampowered · 19 April 2019 at 9:41AM

cashmonger wrote: »

And what was their response when you told them no?

They had one more go - saying "the landlord doesn't agree to a periodic tenancy, please pay the fee and sign the extension".

I simply told replied to the agent and told them again that I will not sign a new fixed term contract given the fees involved.

I heard nothing further since then! I'm absolutely certain that was all driven by the letting agent and that the landlord is perfectly happy.

Your response looks fine to me.

cashmonger · 19 April 2019 at 9:49AM

Hah nice. You called their bluff. But how long ago was it? How do you know they aren't just circling the horses for another attack in the likes of section 13 or 21?

I guess that most agents expect you to fold like the girl earlier in the thread did for fear of losing their flat.

They have little to lose and you have the threat of losing your home while they ransom the continuation of your tenancy.

That is in line with those tv faith healers preying on the ill and desperate.

That's why I love initiatives like openrent and hope it gets more and more popular.

I was thinking if agents really are that soulless they might happily see you lose your home and prefer someone to go out on the street rather than have them stay wouldn't they because it means more fees for them.

steampowered wrote: »

They had one more go - saying "the landlord doesn't agree to a periodic tenancy, please pay the fee and sign the extension".

I simply told replied to the agent and told them again that I will not sign a new fixed term contract given the fees involved.

I heard nothing further since then! I'm absolutely certain that was all driven by the letting agent and that the landlord is perfectly happy.

Your response looks fine to me.

cashmonger · 23 April 2019 at 9:57AM

I have looked at a couple of other towns/cities since making this and whereas I was thinking I probably want to move I am now thinking I probably want to stay; as such my fear of loss has increased.

Should my modus operandi change due to this? I feel the longer I don't respond to the LA is the more they might talk badly about me to the LL and make up stuff that the LL should put me out on the street since it could give them the most fees? in getting them a new tenant?

cashmonger · 23 April 2019 at 10:09AM

stator wrote: »

No, a new tenancy is not mandatory when they increase the rent

Just ignore them.

If you receive official notice of a rent increase, pay it.

Yes but the issue is it could go either way couldn't it?

If just stonewalling them rather than negotiation I could receive a section 13 letter for rent increase or section 21 for telling me to get out.

steampowered · 23 April 2019 at 1:00PM

cashmonger wrote: »

Hah nice. You called their bluff. But how long ago was it? How do you know they aren't just circling the horses for another attack in the likes of section 13 or 21?

It was about 2 weeks ago.

When you have a monthly periodic tenancy, the landlord is entitled to give you a s21 notice giving 2 months' notice at any time.

I think it is extremely unlikely that this will happen in my case, because:
- I am sure that the request for a new fixed term with all the fees is driven by the letting agent, not the landlord.
- I take good care of the property and always pay rent on time.
- The decision to issue a s21 notice would be a decision of the landlord, not a decision of the letting agent. If the landlord was really so insistent on having a new fixed term contract that they were looking at a s21 I imagine they would warn me first.

Even if the landlord did give a s21 notice, I wouldn't really be fussed. 2 months is plenty of time to find another property. I am planning to leave the property anyway.

I guess that most agents expect you to fold like the girl earlier in the thread did for fear of losing their flat.

They have little to lose and you have the threat of losing your home while they ransom the continuation of your tenancy.

It completely depends on your situation.

If you are desperate to keep the property, then perhaps the security of a new fixed term contract is worth paying for.

You could ask for a new 12 month, 18 month or 2 year contract.

I do not think the letting agent is acting unethically. They are entitled to ask you to extend; you are entitled to tell them "no".

The simple fact of the matter is that if you have a periodic tenancy, the landlord is entitled to give you 2 months' notice at any time. It is very unlikely that the landlord will do this if you are a good tenant, but you there is always a risk. If this makes you uncomfortable, then you'll have to ask for an extension and suck up the fees.

You have to weigh up the risk vs. the fees.

cashmonger · 23 April 2019 at 1:47PM

I think I will wait and see what they email next if anything.

Maybe they will not bother with me and concentrate on the lower hanging fruit and then it will be clearer that it was only the agent who was motivate not the LL.

And every day will be getting closer to June 1st anyhow.

cashmonger · 24 April 2019 at 12:56PM

Ok so I just received another email from them

We have still not received your confirmation regarding the below.

Please respond as a matter of urgency.

Thank you.

I have just sent that email I drafted earlier.

PLEASE READ BEFORE POSTING

Landlord/agents trying to push me onto a fixed term tenancy along with rent increase and £150 admin

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