Forced from rolling tenancy back onto fixed term?

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    Forced from rolling tenancy back onto fixed term?

    My landlords agent has suddenly presented me with a new fixed term contract after 9 months on a rolling one (which was preceeded by 12 months on fixed). They insist that i sign within 14 days or they will "advertise for a new tenant". I havent defaulted on rent or been late with payment. I'd prefer to stick to my rolling contract but i guess they're keen for their renewal fee and they won't discuss the issue or agree to pass my request to the landlord.
    What can i do?

    #2
    You can decline to sign the agreement.
    In order to get a new tenant, they would have to serve you notice - which they can do, it's the down side of a rolling contract (minimum 2 month's notice).

    You should have your landlord's address so you can write to them, if you think the agent is not passing on your request to the landlord.
    If you don't have it, and request it in writing, the agent has to give you the landlord's address within 14 days (although it's hard to do anything if they don't in practice).
    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


      #3
      It sounds like this is being driven by the agent, rather than the landlord, although it's impossible to say for sure.

      If it is driven by the agent (and the landlord is unaware) then you need to get in touch with the landlord directly. Request your landlord's name and address from your agent in writing and they must provide it to you within 21 days. Failing to do so is a criminal offence.

      You can probably find it more quickly by going on the Land Registry website. You could then see if your landlord is registered in the phone book and call him directly.

      Comment


        #4
        Sorry, 21 days is right.
        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


          #5
          You could call their bluff. Politely tell them that you are very happy on the current contract and see yourself staying for the foreseeable future. Definitely copy in your landlord (making this obvious to the agent) as it is very possible that they are not aware that you were being given this ultimatum (you should have contact details as part of the prescribed information sent with the deposit scheme). If they go ahead anyway and start advertising you could probably still agree to a new fixed term, if you so wanted - if the agent is doing it for the fees, they would rather do so without the hassle of finding new tenants.

          The long and the short of it is that they are entitled to do this. It really depends what their motivation is for the push for a new fixed term; How much you want to stay on a periodic tenancy; And how disappointed you'd be if you lost the flat.
          Assume I know nothing.

          Comment


            #6
            They're not going to be advertising for a new tenant, or rather they'll be idiotic to do so since 1) the current tenant don't have to leave even if served with s21, and hence the agent cannot give even an estimated start date for any prospective tenant 2) the tenant can prevent access for viewing while they're still there.

            Just tell the agent to get lost.
            I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

            I do not answer questions through private messages which should be posted publicly on the forum.

            Comment


              #7
              Choices for you...

              - simply decline to reply further, decline any viewings for prospective tenants....

              - spend £3 with land registry & get landlord's name & address and contact him...

              - write (yes write) to agent requesting landlord name & address and see if agent provides (doubt it, they sound unhelpful). Contact landlord if you get address

              - track him down through neighbours or social media

              Sadly a landlord can evict you for no reason at all, even a perfect tenant.

              Good luck
              I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

              Comment

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