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May be I can get here some useful tips about my situation. I had a year AST agreement with a 6 months clause. I made a common mistake and asked the agency to renew my contract and all my trouble started from this point. The landlord used this opportunity to increase the rent by 3.8%. Surprisingly, I received the new 1-year contract with the 6 months clause and a pencil note to sign but do not put a date. I phoned to the agent and told him that after one year of living in the flat I expected kind of rolling contract. He said that it's not common in this country, but something like 2 years is possible and he'll discuss it with the landlord. After a month from this conversation I got a phone call from the agent saying that they still waiting to get the signed contract back. Interesting! From his vague explanations I understood that he didn't discuss the longer contract with the landlord, but basically he (with the landlord?) thinks it's not a good idea. I insisted to remove the 6 months break clause and he immediately asked me if I plan to leave within those 6 months. At the moment I'm waiting for the phone call from him to hear whether the landlord agrees to remove the restriction from the new contract.

What we have for the moment. Rent increase, inflexible contract for one year. Btw, they do not charge for the new contract.

What would you advise me in my situation? Does it make sense to negotiate about the rent if I accepted orally the new rent but didn't expect an inflexible contract? In practice is it possible to reject the rent increase and still stay in the flat or tenants kind of forced to accept it?

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We had a similar situation a couple of years ago and it was just the agent causing trouble because they get nice fees when you resign.

Remember if nothing happens at all you automatically go onto a rolling contract.

The agent was working the landlord up with worries about us planning to move out etc, and I didn't help by being vague. If the landlord decides to kick us out then they'd get even more money by remarketing the property! In the end my wife spoke to the landord and sorted things out so I would recommend speaking direct to the landlord direct.

Like I said, I didn't help the situation, but the key messages to the landlord were "we don't have any plans to move out", "we've stayed in our last properties for long periods of time on rolling contracts" and having a good reason for flexibility: we used the fact that we started a job 30 miles away as potential reason for moving, but you could have your own reason that may or may not be entirely truthful (the honest answer of we don't like the agents who just take our money, don't pass messages on and are deliberately evasive doesn't go down well in case you were wondering...) eventually our l/lord saw sense and got rid of the agent themselves!

If you are a good tennant then they will want you to stay - new tennants cost them money too.

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Alm0stCerta1n Thanks a lot for your response. After receiving the new contract I tried to contact my landlord. Usually he doesn't answer and I left him a message. I got very soon a phone call from the agency. It looks like my landlord owns several flats and doesn't care too much about his tenants. Moreover, I think that the agent acts with the consent of the landlord and all those waiting times are just their games with me. They already prepared their decisions for all possible scenarios long time ago. I don't know how far I can push the situation. I'm aware that I'll be soon on a rolling contract, but it doesn't prevent me from facing a new fixed contract or a section 21 notice.

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Alm0stCerta1n I forgot the most important thing. Did you finally receive the rolling contract?

As a Murphy's law, the landlord's washing machine broke two days ago. I thought that it's not a good idea to report it to the landlord before we agree a new contract. Now I think may be it's a good occasion to get in touch with him and try to discuss the contract again. I hate the fact that negotiation is going via the agency.

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Did you finally receive the rolling contract?

You don't "receive" a rolling contract. It's what happens in the absence of signing a new contract. Google "Statutory Periodic Tenancy"

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btw, any idea why they didn't want me to put a date on the new contract?

Standard practice. Assuming the contract is in two parts both should be dated the same day. The contract is concluded when the parts are exchanged.

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You don't "receive" a rolling contract. It's what happens in the absence of signing a new contract. Google "Statutory Periodic Tenancy"

I know this. The only way to increase the rent then is to issue the section 13 notice?

Standard practice. Assuming the contract is in two parts both should be dated the same day. The contract is concluded when the parts are exchanged.

What is the problem to put the same date on the second part?

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What is the problem to put the same date on the second part?

Documents should not be backdated. If one party signs his part on Monday and the other signs his part on Tuesday the parts should not be dated Monday because there was no contract before Tuesday. An exception is where the parties have concluded a contract orally and wish to record it in writing; in that case the written agreement can be dated with the date the contract was concluded.

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Documents should not be backdated. If one party signs his part on Monday and the other signs his part on Tuesday the parts should not be dated Monday because there was no contract before Tuesday. An exception is where the parties have concluded a contract orally and wish to record it in writing; in that case the written agreement can be dated with the date the contract was concluded.

Well, my previous contract was signed by the agent. Thus, the agent can put any date on HIS part. I rather find illegal when the agent puts a date on MY part. Actually I should know what I sign and I was very surprised to see such a request.

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Well, my previous contract was signed by the agent. Thus, the agent can put any date on HIS part. I rather find illegal when the agent puts a date on MY part. Actually I should know what I sign and I was very surprised to see such a request.

But the point is that where a contract is going to be created by the exchange of two parts both parts must be dated the same day and not before the exchange takes place.

There are three ways the exchange can be effected:

1. One party or his representative sends his part to the other party or his representative and that party effects the exchange.

2. Both parties send their parts to a third party who exchanges in accordance with the parties' instructions.

3. The parties or their representatives meet and exchange.

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I'm already living for two week on a new contract but still didn't receive my part of the contract. Any way to push the agency?

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  • 261 Brexit, House prices and Summer 2020

    1. 1. Including the effects Brexit, where do you think average UK house prices will be relative to now in June 2020?


      • down 5% +
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      • Even
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      • up 5%



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