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orin.looper

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I am a tenant, and my tenancy agreement is almost up, I havent heard from the letting agent who did my last one

Is it to the tenants advantage not to have a new one or to the landlords advantage?

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It is has pros and cons either way. For example

Pro: no nasty letting agent renewal fee

Con: No fixed term just statutory notice period (I think 2 months).

(There are probably other issues to consider and put in the pro or con camp too)

But then you may consider the lack of a fixed term useful if you are intending to buy/move out etc... So only you can decide if it is to your advantage or not!

 

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My agent tries to charge a fee if a tenancy is renewed and also if it lapses into a periodic tenancy. It's listed in their charges on the website.

Nothing happened although they tried.

We want to keep our options open. The last LL sold the place we were in. They advertised it even though we had a AST. 

 

 

 

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I was issued Section 21 when i refused to renew, though it had an eviction date of 4 months in the future and the LA kept trying it on for a renewal fee which would stop the eviction. I said periodic or nothing and moved out as it suited me anyway. 

What the agent will do in this case really depends where you are. In London, agents believe they have a continuous supply of desperate renters to take your place so will push the landlord to agree that tenant churn is in their advantage. I get the impression that elsewhere it is the LA and landlord who who desperate to keep hold of working tenants. 

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I'm in a similar position and would appreciate some feedback.  12 month tenancy is about to end.  We'd like to stay in the property but maybe not for another 12 months.  New contract received is for another 12 months.  Agent has stated:

Quote

it is extremely unlikely that the property Landlord will allow the Tenancy to become a statutory periodic Tenancy for a Term greater than one month and would most likely instruct us to serve notice in lieu of the completion of a renewal Tenancy Agreement.

So what are my options?  Sign another 12 months and leave part way through (sounds expensive).  Tell them we want a periodic contract (likely?).  Any thoughts hugely appreciated.

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8 hours ago, naturals said:

I'm in a similar position and would appreciate some feedback.  12 month tenancy is about to end.

What date does it end?
Have you received a Section 21 notice?
 

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1 hour ago, naturals said:

Ends on the 19th of August. No formal S21 notice, just an informal email asking if we wanted to renew for another 12 month period.

Please do your own research, but ...

Section 21 of the Housing Act 1988 as amended by the Housing Act 1996 requires that the landlord provides tenants of an Assured Shorthold Tenancy (AST) with a minimum of two months' notice in writing, stating that possession of the property is sought. The two months starts when the tenant receives the notice not when the notice was written/posted.

Since you have not received the notice within 2 months of the end of the fixed term, you do not have to leave at the end of the fixed term. Your section 21 notice won’t be valid if you haven’t been given at least 2 months’ notice.

You are not required to give up possession of a property until a minimum of two months after the Section 21 notice to quit was served. This includes Section 21 notices served up until the last day of the fixed term.

At the end of the fixed term, your tenancy will automatically become periodic - you do not need to do anything or sign any more contracts to make this happen.

The Estate Agent, I would imagine, is trying to get some more fees from you and the landlord. After all, when the tenancy becomes periodic, there are no "contracts" to draw up, or renewal fees to pay.

In your shoes, I would politely email the agent and say that periodic is your choice.

The landlord's choice in that circumstance will be either to evict you in 2 months and pay to find another tenant - who may or may not be as reliable as you, or to let you carry on renting as you have done with no difference to his circumstances at all.

I think I know which one I would choose ...

 

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Thanks for your advice!  Hugely appreciated!

Reading through their email it doesn't explicitly state that it's a S21 notice but it seems to conform to all the main requirements.  I've emailed them requesting a periodic tenancy so fingers crossed.

I really can't believe LLs try to get people to sign up back to back 12 month contracts.  Surely they've had their pound of flesh after 12 months of loyal rent payment.  What benefit is there to only allowing you to leave the property on one day of the year?

 

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