Does my landlord legally have to let my tenancy ''roll over''? Tenant - please help.

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    Does my landlord legally have to let my tenancy ''roll over''? Tenant - please help.

    I would be grateful for any help or advice.

    My partner and I are coming to the end of a fixed term 12 month tenancy agreement at the end of March for a flat rented though a letting agent. We have been on touch to let them know that we wish to remain tenants at the property -(we love the flat & area) - but it is very likely that my partner will be relocating with his work -( he works in the media, within the next 6 months ) - it may be sooner.


    We have explained this to the letting agents who initially wanted us to automatically resign another 12 month agreement, with a hefty contract fee, et al.
    They have now come back to us saying that:

    "The landlord has asked for a minimum of a 6 month contract as he does not want the uncertainty of knowing when the property will become available."

    Whilst I can fully understand the landlord wanting security, we have explained that we do not want to enter into a contract which we may not be able to fulfil, and leave ourselves open to costs we cannot afford. i.e. covering contracted rent if they cannot re-let.

    In all honesty I do not know if this is the letting agent speaking in order to obtain re-sign fees, or the landlord. We are good tenants and don't want to get into bother with this, what is the best way to go about this and just roll this over?

    The flat is unfurnished, and don't want to have to leave here with all our stuff and try to find somewhere for a month or two, moving is stressful enough.

    I do not have any contact details for my landlord to be able to discuss this directly with him.

    What is my best course of action - I have not yet responded to their latest email asking for 6 months tenancy.

    All help will be gratefully received.

    #2
    Hello

    Hello swandancer.

    Could you answer the question here http://www.landlordzone.co.uk/forums...ll-new-posters

    and people will be able to advises you further, Thank you...
    Fed up with nitpickers and rivet counters...

    Comment


      #3
      You do not have to do anything and your tenancy immediately upon expiry will become 'periodic' or a rolling contract. There is nothing the agent or landlord can do about this (apart from evict you and that will take months). No landlord in his right mind is going to evict good paying tenants.

      Under a rolling contract you need to give 1 months notice from a rent due date and a landlord would need to give you 2 months notice. The agent can do nothing.

      Agents make money by getting you to sign up again but there is no legal requirement for you to do so.



      Freedom at the point of zero............

      Comment


        #4
        Does my landlord legally have to let my tenancy ''roll over''?

        He doesn't legally have to but it will legally roll over by itself. If you don't sign another contract it will go to a rolling contract.

        The only way this can be brought to an end is if you get issued a section 21 notice, which would seem a strange course of action by the LL if he wants certainty of people being in there.

        As you are still within your fixed period of renting you can move out on the last day of the agreement (end of March) without even having to give 1 month, 1 day or even 1 hours notice. You can use this to your advantage if you wanted and tell the agent that you are weighing up your options, it's likely you will sign for another 6 months but see there is no point just yet as there are still 2 months to go until the end of the current fixed term. Each time you go past the rent due date then the notice that has to be given to you would be 2 months. So if you manage to string this out until the end of March, you will have at the very least 2 months from that date. Once those 2 months pass you still don't have to move out as the LL would have to apply for a court possession order in order to force you out, which again, would be strange if you are there and paying rent on time, I'd imagine this would be instigated by the agent if anything.

        In a nutshell what I'm trying to say is you view it as end of March then a minimum of 6 months as you would have signed, but in reality, if you don't sign it could very easily be the end of March plus 3/4 months if you wished. You are in control of the situation more than you think you are as the LL has to go through the correct legal channels to evict you.

        You can get the LL's details from the landregistry for a few pounds but by law the agent has to give you these within a certain timescale if asked for them, it's whether or not you want to tip the agent off that you are contacting the LL directly as they will get in there first, concoct a story to 'their client' in order to secure a new set of fees from you and probably them aswell.

        I presume your deposit was protected within 30 days and the information about that given to you within 30 days aswell?
        "I'm afraid I didn't do enough background checks apart from checking her identity on Facebook" - ANON

        What I say is based on my own experience and research - Please don't take as gospel without first checking the gospel yourself.

        Comment


          #5
          Originally posted by swandancer View Post
          "The landlord has asked for a minimum of a 6 month contract as he does not want the uncertainty of knowing when the property will become available."
          Well, the proposed 6 month contract would not provide certainty of when the property would become available...

          Comment


            #6
            You really need to get in touch with your landlord. Agent is legally obliged to give you his address.

            Otherwise, what happened here might happen to you:

            http://www.landlordzone.co.uk/forums...ed-out-tenants
            To save them chiming in, JPKeates, Theartfullodger, Boletus, Mindthegap, Macromia, Holy Cow & Ted.E.Bear think the opposite of me on almost every subject.

            Comment


              #7
              I would request your landlords address via the estate agents. Write to the landlord and explain you do not want to sign a new contract because of partners job and that you are happy for the AST to run on a periodic tenancy. The Agent is probably charging the landlord another 'fee' for a new AST when it really isn't necessary. You might want to find a nice way of pointing out that he is being charged an unnecessary renewal feel. If both landlord and tenant are happy with periodic, let it roll.

              I have two separate sets of tenant who has been on a rolling periodic for over three years now.

              Comment

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