Jump to content
House Price Crash Forum
Sign in to follow this  
GloomMonger

Advice Please On Renewal Negotiations

Recommended Posts

Our rental agreement expires in November and the letting agent has emailed asking if we want to renew with a £35 per month rent increase and a change to the break clause from 6 to 4 months. The landlady lives and works in Singapore and when I asked about the change to the break clause the answer came back that she was unsure of her movements, nothing more. We also reqire a new fridge freezer. It's a great house, we want to stay and the rent is below the market rate, but we have 2 small children and don't like the idea of being evicted middle of next year. If we left the landlady would struggle to find tenants agreeing to a 4 month break clause, and I could give 2 months notice in November, meaning a certain void period over Christmas. How would you negotiate this?

Share this post


Link to post
Share on other sites

Changing the break clause from 6 months to 4 seems to me to be entirely in your favour because the landlord cannot use it to gain possession within the first six months anyway.

Really? You mean legally the break clause has to be a minimum of 6 months?

EDIT: I googled it and yes you're right. Not sure if I should point this out to the letting agent or just act ignorant. Surely the landlady can issue a S21 at any time anyway?

Edited by GloomMonger

Share this post


Link to post
Share on other sites

Really? You mean legally the break clause has to be a minimum of 6 months?

I've just deleted the post. It looks as though the six months is from the start of the original tenancy and not the new tenancy so please ignore this.

Share this post


Link to post
Share on other sites

I've just deleted the post. It looks as though the six months is from the start of the original tenancy and not the new tenancy so please ignore this.

Ah ok. Can the landlady not issue a S21 at any time anyway?

Share this post


Link to post
Share on other sites

I've just deleted the post. It looks as though the six months is from the start of the original tenancy and not the new tenancy so please ignore this.

If you sign a new tenancy agreement, it's a new tenancy.

Share this post


Link to post
Share on other sites

Ah ok. Can the landlady not issue a S21 at any time anyway?

Yes, but I don't think it can be enforced in the first six months of a new tenancy.

Share this post


Link to post
Share on other sites

If you sign a new tenancy agreement, it's a new tenancy.

From the .gov website

In some circumstances, your landlord can take back their property without giving any reason. To do this, all of the following must apply:

they’ve protected your deposit in a deposit protection scheme

they’ve given you at least 2 months’ written notice that they want the property back (‘notice to quit’) and the date you must leave

the date you must leave is at least 6 months after your original tenancy began (the one you had on first moving in)

you have a periodic tenancy – or you have a fixed-term tenancy and your landlord isn’t asking you to leave before the end of the fixed term

Looks like it's from first moving in. Renting sucks. :angry:

Share this post


Link to post
Share on other sites

Looks like it's from first moving in. Renting sucks. :angry:

I stand corrected. Renting in the UK does indeed suck.

Share this post


Link to post
Share on other sites

From the sound of it the landlord's best position is to continue under a periodic tenancy and have a 2 month notice period as kicking you out now would mean a potential void and the new tenants would have a statutory right to 6 months grace. To continue on a periodic tenancy for the landlord's benefit it seems harsh to raise your rent.

Personally I would tell them to shove their increase and their new agreement but that's just me.

(And I have have 2 small children)

Share this post


Link to post
Share on other sites

And immediately beneath what you quoted on the same .gov page:

During the fixed term

If you’re still in the fixed term, your landlord can only ask you to leave if they have a ground (reason) for wanting possession that’s in the Housing Act 1988.

Examples of the grounds include:

you’re behind with your rent payments (‘in arrears’)

you’ve used the property for illegal purposes (eg selling drugs)

your landlord wants to move back into the property

The notice period they must give varies from 2 weeks to 2 months, depending on the ground they’re using.

So it looks like the fixed term is worthless in your case anyway.

Share this post


Link to post
Share on other sites

And immediately beneath what you quoted on the same .gov page:

So it looks like the fixed term is worthless in your case anyway.

There was a BBC programme a couple of months ago about Landlords, a couple of them wanting their own houses back to live in. Lets just say 'due process' took more than 2 months...

Edited by 7 Year Itch

Share this post


Link to post
Share on other sites

From the sound of it the landlord's best position is to continue under a periodic tenancy and have a 2 month notice period as kicking you out now would mean a potential void and the new tenants would have a statutory right to 6 months grace. To continue on a periodic tenancy for the landlord's benefit it seems harsh to raise your rent.

Personally I would tell them to shove their increase and their new agreement but that's just me.

(And I have have 2 small children)

And immediately beneath what you quoted on the same .gov page:

So it looks like the fixed term is worthless in your case anyway.

Yes, like most landlords I think she is pretty clueless. It looks like the 4 month break is a better option than the periodic tenancy. I have replied agreeing to the new break clause but without an increase in rent. Will see what she says.

Share this post


Link to post
Share on other sites

Yes, like most landlords I think she is pretty clueless. It looks like the 4 month break is a better option than the periodic tenancy. I have replied agreeing to the new break clause but without an increase in rent. Will see what she says.

Good luck

Share this post


Link to post
Share on other sites

So it looks like the fixed term is worthless in your case anyway.

Erm, not as much as your quote would suggest. The grounds for evicting early or in under two months are where the tenant is in breach of the agreement, and require a court order. The landlord moving back in is a special case, and only applies if the landlord has given notice up-front that it it his/her normal home and (s)he is temporarily away (if I were housing minister I'd limit that to furnished lettings).

If you adhere to the agreement, the only time you can't rely on two months is where the the tenancy itself is in breach of another agreement to which the landlord is party, and can therefore be voided. The usual case there would be where the landlord is repossessed from under you by a mortgagor who didn't allow letting.

IANAL. This is not legal advice.

Share this post


Link to post
Share on other sites

There was a BBC programme a couple of months ago about Landlords, a couple of them wanting their own houses back to live in. Lets just say 'due process' took more than 2 months...

An honest landlord vs a tenant-from-hell is a sad story. With a professional landlord it's an occupational hazard, but if it's really the landlord's own home it can be almost as sad as the honest tenant vs the landlord (or agent) from hell.

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  

  • Recently Browsing   0 members

    No registered users viewing this page.

  • The Prime Minister stated that there were three Brexit options available to the UK:   209 members have voted

    1. 1. Which of the Prime Minister's options would you choose?


      • Leave with the negotiated deal
      • Remain
      • Leave with no deal

    Please sign in or register to vote in this poll. View topic


×

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.