Ast Renewal & Rent Rises

[Bifta]

We're very close to the end of our AST and I have just had the letting agency on the phone. They were basically trying to bully me into signing a new AST for a further six months. I said we were happy to stay in the property on a periodic tenancy and there was no need to renew the contract. After a bit of arguing I said we weren't signing a new AST because I'm not prepared to pay them the £120 fee for a renewal. We finally agreed to renew but only if the fee was waived and put in writing.

As this is effectively a new AST, and there has been no mention of a rent rise, can he legally only raise the rent once the new AST has reached the end of it's term?

[Guest muttley]

As this is effectively a new AST, and there has been no mention of a rent rise, can he legally only raise the rent once the new AST has reached the end of it's term?

Yes. Read the new agreement to ensure they haven't put an increase in the small print. This is unlikely, though. It just shows how tough being a LL can be. The smart ones know to keep hold of the good tenants.

[Bifta]

Thanks for the reply.

I've just skimmed over the new AST and there a few new terms that I'm not really pleased with - paying 50% of the checking out fee being one of them!

We've had a good relationship with the Landlord over the last year and have always paid the rent on time. I don't want the letting agent to portray us as being arkward so I may write a short letter to the landlord explaining that we we want to stay longterm, but not neccessarily signing a new AST.

I do get the feeling that the agent is just trying to make a quick buck from the both of us

Edited February 24, 2007 by Bifta

[Topher Bear]

Thanks for the reply.

I've just skimmed over the new AST and there a few new terms that I'm not really pleased with - paying 50% of the checking out fee being one of them!

We've had a good relationship with the Landlord over the last year and have always paid the rent on time. I don't want the letting agent to portray us as being arkward so I may write a short letter to the landlord explaining that we we want to stay longterm, but not neccessarily signing a new AST.

I do get the feeling that the agent is just trying to make a quick buck from the both of us

Check out the reasons why they won't go on to a statuary Periodic. It might well be that theyy have a rent guarantee scheme. Here an insurance company will pay the landlord for any rent a tenant doesn't pay on going AWOL, but they will only do this insurance for a fixed term contract. Its a bit like the MIG (Mortgage Indeminity Guarantee) where the banks gain the benefit but you pay the premium.

Refuse to resign and unless they have already served you with notice then they cannot kick you out until they provide the appropriate notice (2 months). Now they may decide to go ahead and kick you out, but a sitting paying tenant is worth more than a 1 month period in any 1 year without a paying tenant!!! Point this out to them and hold firm....Tenants are in a better position than they realise, threats to leave (especially after you have been a long term good tenant) will be taken seriously...their finances cannot afford it and any Rent Guarantee scheme doesn't cover for periods of no contract!!

Topher Bear

[MrMash]

I agree with Topher Bear. As a landlord, I don't annoy good long term tenants by asking them to sign things, pay for things or ask for an increase in rent. If they are paying market rent and looking after the property I leave them be.

MM

[Sisyphus]

Check out the reasons why they won't go on to a statuary Periodic. It might well be that theyy have a rent guarantee scheme. Here an insurance company will pay the landlord for any rent a tenant doesn't pay on going AWOL, but they will only do this insurance for a fixed term contract. Its a bit like the MIG (Mortgage Indeminity Guarantee) where the banks gain the benefit but you pay the premium.

Refuse to resign and unless they have already served you with notice then they cannot kick you out until they provide the appropriate notice (2 months). Now they may decide to go ahead and kick you out, but a sitting paying tenant is worth more than a 1 month period in any 1 year without a paying tenant!!! Point this out to them and hold firm....Tenants are in a better position than they realise, threats to leave (especially after you have been a long term good tenant) will be taken seriously...their finances cannot afford it and any Rent Guarantee scheme doesn't cover for periods of no contract!!

Topher Bear

Can someone point me to the relevant texts to back this up?

We have the same problem, our 12month AST ends on April 17th. The landlords (advised by the letting agent) wish us to renew for a full 12 months with no break clause. They live abroad and are coming back in one year. So I can understand their reasoning. I personally don't want to commit to a full year's contract. Obviously if we move home we would have to do that anyway but I don't see why they should force my hand. My first choice is to revert to periodic tenancy but I'd be flexible and offer a two way two month notice. They are camping on their position.

Can they expect me to leave on April 17th as the agent is trying to imply. No official notice has been served - do they have to do that even if the original AST expires on that date?

[Bifta]

All sorted We agreed to sign up for another 12 months with a 6 month break clause and no rent increase, as long as the renewal fee was waived and the 'checking out fee' taken out of the contract

With any luck I won't have to speak to the barrow boys at the agency until next year