Is it possible to renew contract for 3 months?

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    Is it possible to renew contract for 3 months?

    Hi,

    We had 1 year tenancy contract and it came to end. Today I've received a letter from the agency regarding renewal. They ask me to tick a box and return the letter if we want to renew the contract for 6 months.

    But currently we have uncertainty due a job related relocation possibility.
    And would prefer to renew 3 months. Is that possible? Wanted to learn our rights before contacting the agency.

    Any input would be appreciated,

    Thanks,

    #2
    Yes, it's possible- but L seems not to want that. Remedy: sit tight, sign nothing, keep paying rent, and await a two-month Notice [s.21(4)(a)].
    Even that will not evict you- L would need to institute legal proceedings (so even longer delay).
    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
    4. *- Contact info: click on my name (blue-highlight link).

    Comment


      #3
      I am assume you are the tenant and not the LL.

      It is possible to amend the existing fixed term so that it is extended by 3 months, yes.

      Alternatively, you and the LL can agree to let the fixed term lapse into a "statutory periodic tenancy", which will be on the same terms as the original tenancy agreement drawn up, except that it will be on a rolling monthly basis - this may offer the flexibility you need.

      However, is the agent trying to charge you any fee for this "renewal"? Many try this on.

      Why not speak to the LL directly to discuss your circumstances?

      Comment


        #4
        thank you Dominic

        Thank you Dominic,

        sorry I forget to mention we are tenants.
        We don't have any contact with the landlord directly.
        Even when I asked our landlord's address in order to forward the mails, agency didn't want to give. Looks like they don't want us to get in touch.

        Nevermind as long as we are flexible on expanding period that is fine.
        So if we choose to go with "rolling monthly basis" how 2 months notice period works?

        Finally agency didn't say anything about the renewal charge, yet, but they might, how do we go around it, any chance not to pay? any grounds for that?

        Comment


          #5
          Originally posted by sesam View Post
          We don't have any contact with the landlord directly.
          Even when I asked our landlord's address in order to forward the mails, agency didn't want to give. Looks like they don't want us to get in touch.
          They don't have a choice - they have to give you this info if you request it in writing. Section 1 - Landlord & Tenant Act 1985.
          Nevermind as long as we are flexible on expanding period that is fine.
          So if we choose to go with "rolling monthly basis" how 2 months notice period works?
          If you stay beyond the end of the fixed term, even one day, then you enter into a Statutory Periodic Tenancy (sect 5, Housing Act 1988). This has exactly the same terms as your original AST, except for notice, where the tenant has to give a minimum of one months notice, ending on the same day of the month as the AST ended.

          In all cases, the landlord has to give TWO months notice under section 21 of the 1988 Act. If notice is given DURING the fixed term, it is 2 months, but no earlier than the last day of the fixed term. If it is served after the end of the fixed term, he has to give a minimum of two months notice, ending on the same day of the month as the AST ended.

          Comment


            #6
            Originally posted by sesam View Post
            Finally agency didn't say anything about the renewal charge, yet, but they might, how do we go around it, any chance not to pay? any grounds for that?
            The only fees you are liable for are ones which might be mentioned in your contract; when agencies provide the contract, they often include provisions for paying them various fees!

            However, if you continue the tenancy as a periodic/rolling tenancy, with no renewal contract signed, then you cannot be liable to pay a fee for a renewal contract.

            Comment


              #7
              Originally posted by Snorkerz View Post
              They don't have a choice - they have to give you this info if you request it in writing. Section 1 - Landlord & Tenant Act ........
              Yes, but the LL is not obliged to respond. Presumably the agent is employed by the LL to deal with things like this, otherwise why employ the agent?

              All I'm saying is, don't hold your breath for a response from the LL.

              Comment


                #8
                thank you all

                thank you all, you are all star!

                I'm really thinking now to continue with rolling tenancy. I have 2 more questions before contacting the agency;

                On the letter they sent they give 2 options, saying tick one and send back to us;

                I wish to renew my contract 6 months.
                I don't wish to renew my contract.

                Looks like they prefer fixed term, and I will tell them that I want rolling contract, is there any possibility or grounds for them not to accept rolling contract? If that happens what would be my ground to defend.

                2.) And my fixed term contract will finish in 2 months, 4 days time, do I need to decide now, or I have more time to think? For rolling tenancy notice for tenant is 1 month, what about for fixed term is it 2 or 1 month?
                Briefly can I tell the agency I have more time to decide, or I don't?



                Thanks a lot!

                Comment


                  #9
                  Originally posted by westminster View Post
                  The only fees you are liable for are ones which might be mentioned in your contract; when agencies provide the contract, they often include provisions for paying them various fees!

                  However, if you continue the tenancy as a periodic/rolling tenancy, with no renewal contract signed, then you cannot be liable to pay a fee for a renewal contract.
                  thank you westminster,
                  on the contract there is nothing about renewal charge, then fingers crossed!
                  I guess that's why they are encouraging fixed term contract! in order to charge!

                  Comment


                    #10
                    Originally posted by sesam View Post
                    thank you all, you are all star!

                    I'm really thinking now to continue with rolling tenancy. I have 2 more questions before contacting the agency;

                    On the letter they sent they give 2 options, saying tick one and send back to us;

                    I wish to renew my contract 6 months.
                    I don't wish to renew my contract.

                    Looks like they prefer fixed term, and I will tell them that I want rolling contract, is there any possibility or grounds for them not to accept rolling contract? If that happens what would be my ground to defend.
                    I would ignore the letter, as if no contract is signed then you will automatically go on to a rolling contract. The agency can NOT force you to sign a new contract, but they CAN give you the 2 months notice.
                    2.) And my fixed term contract will finish in 2 months, 4 days time, do I need to decide now, or I have more time to think? For rolling tenancy notice for tenant is 1 month, what about for fixed term is it 2 or 1 month?
                    Briefly can I tell the agency I have more time to decide, or I don't?
                    There is no hurry. If you want to leave on the last day of the current tenancy agreement, you need to give no notice (although it would be polite to do so). If you don't want to leave, then you stay. You can not be made to leave involuntarily without a court order.

                    Comment


                      #11
                      If the property is an investment property then the LL should have no problem with you staying on a periodic tenancy for another 2/3 months because ultimately it is still money in his/her pocket. It is only the LA that might have a problem but as they are acting on the LL's behalf then they shouldnt have an issue either.

                      Comment


                        #12
                        As Snorkerz has said, you may be better IGNORING the agencies letter and not committing to anything. Just allow the present fixed term to expire and move onto a rolling contract.

                        Comment


                          #13
                          Originally posted by dominic View Post
                          It is possible to amend the existing fixed term so that it is extended by 3 months, yes.
                          I agree, but don't say "amend". Instead, L could grant a three-month renewal tenancy.

                          Originally posted by thevaliant View Post
                          As Snorkerz has said, you may be better IGNORING the agencies letter and not committing to anything. Just allow the present fixed term to expire and move onto a rolling contract.
                          I again agree, but don't say "rolling contract". What this means, I think, is a statutory periodic tenancy as a continuation of the fixed term.
                          JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                          1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                          2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                          3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                          4. *- Contact info: click on my name (blue-highlight link).

                          Comment


                            #14
                            notice for fixed term

                            I don't want to damage the relation with the LA, ignoring letters might resulted that way, besides I'm sure they would give a call and wouldn't wait 2 months. I prefer to call the agency and tell our situation but just wanted to be prepared beforehand regarding our rights and options.

                            In terms of notice, no one yet commented, do we as tenants has 2 months or 1 month notice on fixed term contract? Because if it's 1 month, I was thinking to say we have 1 month more to think and decide but not sure if that's the case.

                            and any possibility or grounds for the agency not to accept SPT (rolling)

                            thanks a lot

                            Comment


                              #15
                              Originally posted by jeffrey View Post
                              I agree, but don't say "amend". Instead, L could grant a three-month renewal tenancy.
                              Jeffrey correct me if I am wrong but if a new term of 3 months is granted (rather than amending the existing term), would that not mean the landlord could not serve a s.21 until 3 months after the end of the new term (i..e 6 months after the commencement of the new term)?

                              If that is true, then from the LL's point of view, and if he is clued up, he would prefer an extension/amendment, rather then grant a new very short 3 month tenancy.

                              Comment

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