Letting agency won’t accept rolling contract

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    Letting agency won’t accept rolling contract

    Hello, I’d really appreciate some advice please.

    we have been in our rented property just over a year. The letting agent kept pushing us to sign on to a 6 or 12 month tenancy but we were keen to stay on a rolling tenancy to offer more flexibility due to being self employed. We are now on the rolling tenancy and they have decided to ignore what we’ve requested and tell us they have contacted the landlord for a new contract and will be in touch with us to get us to sign.

    They’ve said there will be a break that means we can give 2 months notice but I’m not sure why they are so pushy about this if we could still leave fairly easily?

    Do we have to sign the new contract even though we are now on a rolling one? We love the house but to be honest I feel a bit harassed by the agent. Not sure what to do, any advice would be great.

    #2
    No, you are fine without it, if you are still occupying the property at 00:01 on the day after your agreement expires, then the law creates a tenancy (statutory periodic tenancy). This has the advantage that you can leave reasonably freely, but disadvantage that the landlord can evict under section 21, giving appropriate notice.

    If you go onto SPT, the agent may suggest eviction to the landlord but so long as you have been good tenants then a wise landlord would ignore such advice.

    Comment


      #3
      I'm assuming the reason why the agent is pushing it is most likely to get the fee which was paid previously by the T now from the LL, also they get another 12 month income.

      Your current contract will automatically revert to a Periodic Tenancy, so I would ignore the agent if you don't wish to have the security of another fixed term contract. All of my T's want a fixed term contract.

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        #4
        9o per cent or more of our have become SPT. One girl is in her seventeenth year of SPT

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          #5
          Originally posted by ash72 View Post
          All of my T's want a fixed term contract.
          I have never had a tenant request a new fixed term.

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            #6
            Originally posted by MdeB View Post
            I have never had a tenant request a new fixed term.
            Same for me.
            When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
            Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

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              #7
              Me too.......

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                #8
                Thanks everybody. The agent is still insisting on a new contract which they’ve already taken to the landlord. Looking closer it looks that to give the two months notice we will have to pay a termination fee of hundreds.

                im concerned if we refuse and stay on the rolling we are already on they will encourage landlord to give us notice if they’re that underhand to get extra money. Would it go down badly with the landlord if I write to him to explain? Or Facebook message?

                im so disappointed because I’d had a great experience with the agent up to this point.

                Comment


                  #9
                  Could you be clearer about the termination fee.
                  A termination fee would be an illegal charge so you should rightly refuse to sign it.

                  If the agent is levying illegal charges, the landlord should be told that definitely.

                  I can't imagine the landlord contemplating giving notice at the moment.
                  When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                  Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                  Comment


                    #10
                    Originally posted by Confused19 View Post
                    Thanks everybody. The agent is still insisting on a new contract which they’ve already taken to the landlord. Looking closer it looks that to give the two months notice we will have to pay a termination fee of hundreds.

                    im concerned if we refuse and stay on the rolling we are already on they will encourage landlord to give us notice if they’re that underhand to get extra money. Would it go down badly with the landlord if I write to him to explain? Or Facebook message?

                    im so disappointed because I’d had a great experience with the agent up to this point.
                    Please explain why you have to pay a termination fee.

                    Do not be browbeaten into doing something you do not want to do. I am afraid that many letting agents are experts at browbeating tenants. If and when they serve notice is the time to contact the landlord. In any event, as things stand evictions are suspended.

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                      #11
                      Just to back up the others, imagine what would happen if you didn't agree and sign the new contract. There is no way they can legally throw you out so whether you agree or not, you can stay there until they end the tenancy legally.

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                        #12
                        Perhaps the agency charge the Landlord a fee for a new contract and Agency is trying to maximise their income. I would drop a letter to the Landlord directly, stating you are happy to be on a rolling tenancy (statutory periodic tenancy). Your Landlord is very unlikely to serve notice on you if you don't sign. If he/she does - you wont be going anywhere for a long time.

                        Alternatively, the Landlord might be looking for some security and is trying to lock-in his income. I allowed tenants to go on a periodic tenancy as they were buying a property - they promised me the earliest they would leave would be end of January. I ended up with two weeks notice and they left on Christmas Eve! So, quite an inconvenience and two months before new tenants. If I was your Landlord, I too would be asking for you to commit to a new agreement.

                        Comment


                          #13
                          Yes they do charge the landlord, in my friends experience this was certainly the case.... They are a landlord and rent a house out, the end of the 12 months contract was nearing,

                          The agents contacted them asking if they wanted to extend the tennant for another year 'or' extend the tennant on a rolling basis with two months notice from the tennant. There was no option to just leave to roll over with the standard tennant single month notice.

                          Both options included a charge for the landlord.

                          The agent approached the tennant who was happy to sign for another year so that was done and the landlord saw that as a good position giving security of a years tennacy.

                          The landlords view was that if the tennants just wanted a two months rolling contract then to push back to agency as they might as well let it go periodic with a months notice by the tenants (but it never for that far).

                          I don't understand what the tennnants would be asked to sign to make the prior 12 months AST with a months notice change into 2 months notice once it rolled over as it never got that far and they signed a new years contract, some sort of variation to the AST?

                          In this instance the landlord is paying a monthly fully managed fee and this re-signing cost is additional on top of that.

                          All the best Stew

                          Comment


                            #14
                            Originally posted by Stew View Post
                            The agents contacted them asking if they wanted to extend the tennant for another year 'or' extend the tennant on a rolling basis with two months notice from the tennant. There was no option to just leave to roll over with the standard tenant single month notice.
                            The single month notice by a tenant is misleading, it is a minimum of a month ending at the end of a tenancy period, so it's probably usually more than a month.

                            Whether the agent offered the option or not, there's no possible way for the agent to stop it happening if the landlord and tenant want it to.

                            Looking at the large number of threads about the current crisis, I'd say that anyone thinking that a new 12 month contract gives "security" might want to reconsider that thought.

                            When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                            Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                            Comment


                              #15
                              Originally posted by Claymore View Post
                              I ended up with two weeks notice
                              Which you did not have to accept.

                              Comment

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