Can letting agent refuse to tell L about extension?

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    Can letting agent refuse to tell L about extension?

    Hi!

    My current lease in 3 bedroom flat in Aberdeen ends 1st on June and as a student finishing only in September, I initially requested for a monthly renewal instead 1 year lease that they offered but the agent said they can only do minimum 3 months and that they have to consult the landlord first. I agreed to put in a request for 3 months extension.

    So the problem came today (2 weeks since I last spoke to the agent), and this was her reply:


    "We would not be happy to extend the lease for a further three months as if the property were to come on the market 1st September we would not be able to get the property let and therefore we will not be putting your request for extension to the landlord."

    How is it her decision and not the landlord and I don't see how does it affect whichever month this flat is being let out as there is shortage in housing in Aberdeen. I find that it is very unfair that they make such decision without consulting the landlord - in which I think is due to their own profit issues rather than to the landlord's interest. Any take on this or advise or even reasoning would be appreciated! Thanks

    #2
    What does your tenancy agreement say about the tenancy carrying on??

    e.g. one I've written says...
    and will end on: 30/10/2011 (“The end Date”).
    If the agreement is not brought to an end by either party on the end date, it will continue thereafter on a monthly basis until ended by either party.
    ...

    so what is in the tenancy really is key here.

    Even if they refuse a specific 3-month extension it is likely that they would have to give 2 months (minimum, usually longer..) notice anyway so by the time that ended you might well have the 3 months.

    Have you been served with any notices about tenancy ending (eg called "AT6" or "Section 33" or "Notice to Quit"??)
    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...

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