Advice on renewing tenacy

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    Advice on renewing tenacy

    Hi,

    Me and my partner have been renting our flat in South East London for almost 2 years now. The tenacy is coming to an end, and we are dreading a rent increase. Our rent was a little high when we took on the property; 2 other flats in our block have been up for rent for £75 and £150 a month less then ours in the past year. We have approached our landlord to ask if we could renew for another year, and they said they'd be happy to, but to talk to the lettings agents.

    Does anyone have any advice for the best way to manage this? We really don't want to get into a struggle with the lettings agents, but they'll almost certainly be telling the landlord to put the rent up. We are very good tennants, so I'm assuming they wont want to lose us. We are trying to save for a mortgage so every bit counts at the moment, but we are also thinking that if they do put the rent up, then we may leave our tennacy to run out, and continue on a periodic while we look for a house to buy. I understand that the landlord could and probably would then serve us a section 21 to get out, but what are our right to stay on a month by month basis while we complete on a mortgage?

    Thanks for any advice

    #2
    You don't have to "renew" anything, the tenancy simply becomes a new monthly tenancy (there is a law that makes that happen).

    There are plusses and minuses of being on a periodic tenancy - the landlord can serve notice (minimum two months) and can impose a rent increase (even if you don't agree one - but only once a year).
    You can leave with a month's notice ending at the end of a rental term.

    The agent will probably have a different agenda as they normally charge for new tenancies and would like to earn some money.
    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
      Thanks for the advice.

      Yes, I understand we don't have to renew, but we would need more than 2 months to buy a property and don't really want to be in that position.

      Yes, I worry about the lettings agents advising them.

      Comment


        #4
        I wouldn't woory about just 2 months: Unless landlord has already served a valid s21 notice (check..) an s21 takes at least 2 months to expire. An s21 does not end a tenancy nor require you to leave: Landlord then applies to court, gets posession order, gets bailiffs (short summary), months more. Also see this for the reality of the timescales...
        http://www.landlordzone.co.uk/forums...ess-statistics

        NB: There is nothing to stop you proposing (calm, polite, letter with evidence) lower rent to landlord (yes, landlord), copy agent: But were I landlord that would result in immediate s21.
        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


          #5
          Don't assume that an agent will always advise a rent increase. Renewal, probably since fees but rent increase, not necessarily if they think it'll make it less likely for them to find new tenants.
          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


            #6
            Thanks,

            So it takes about 10 months to get someone out? Would this look badly on us if this even did happen? Like would we find it harder to get a property in the future?

            We wouldn't propose lowering the rent, but as it was high to begin with, and we have proof of that, we would like it to stay the same.

            Comment


              #7
              Yes it's just hard to find the right way to word it, without either making it sound like we expect a rent increase so would be ok with it, or are being stubborn and argumentative.

              Comment


                #8
                Originally posted by martinstacey View Post
                So it takes about 10 months to get someone out? Would this look badly on us if this even did happen? Like would we find it harder to get a property in the future?
                Depends: If eviction just s21 (so no rent owing..) then there is no CCJ, albeit were you to need a landlord reference might be an issue.

                If eviction s8 for rent arrears you could get a CCJ - but only if debt not promptly paid after court judgment.
                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


                  #9
                  Depends: If eviction just s21 (so no rent owing..) then there is no CCJ, albeit were you to need a landlord reference might be an issue.
                  Yes we'd definetely pay our rent. Just didn't know if there would be some black mark against us should we need to rent in the future.

                  Comment


                    #10
                    But it is still a free country (sort of). Rents are determined by the market and by the costs imposed on landlords.

                    Find somewhere else you like close by if they plan to jack it up too much. It will involve a day of work and a £200 moving van. That is the usual bargaining position in the marketplace.

                    Its only purveyours of a different sort of fascism like the Gnordoin who conflate freedom with fascism in bits of nonsense like this

                    https://www.theguardian.com/books/20...iver-divergent

                    with mind boggling headlines like
                    ""The Hunger Games, The Giver and Divergent all depict rebellions against the state, and promote a tacit right-wing libertarianism"

                    You are FREE. Live free.

                    Comment

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