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Where do I stand as a tenant?

(17 Posts)
JeanGenie23 Tue 28-Jun-16 11:57:21

Hello all, I hope this is the best place to post.

Just to set the scene; I live in a lovely flat in London, pay through the nose of course, but its to be expected. I rent my flat through a local small estate agent. They have always been professional, I have never had any cause for concern. There is a maintenance team who fix all the jobs, and I have my deposit in safety scheme so no worries about money.

I have been here for 2 years already, approaching my third. Back in May (5th) I was told via email that they want to offer me a renewal for another year, I said fantastic, please get in touch with new contract, let me know the rent increase and when I have to pay the renewal fee by. I heard nothing back. So on the 27th of that month I emailed again, nothing. I have emailed them again today asking where I stand. According to my contract either party has to give 2 months written notice. That means they have until 1st of July send me over details of my new tenancy. Last year this was sorted by now because they expect you to pay £300 to renew the contract, if they are expecting £300 next week, I would like to know now.

Of course my mind is racing, could they have changed their mind about offering me a new agreement? I am not sure why, as far as I can tell I am a good tenant, never missed any rent payments or anything like that...

so I guess my question is what rights do I have if I still haven't heard from them by 1st July?

Thank you

JeanGenie23 Tue 28-Jun-16 12:21:02

I've just realised the 1st is this Friday not next week, so it's even less time! shock

LadyMercy Wed 29-Jun-16 20:29:46

OP I'm thinking that your 'fixed term' is expiring. Under term in your agreement, does it say something like 1st July 2015 to 30th June 2016?

If no one serves notice to end an assured shorthold tenancy, it can roll on, usually a month at a time as a 'periodic tenancy'. This happens automatically under the law, you do not have to do anything to make it happen

So you can sign another fixed term agreement after the end of the term in your current one.

JeanGenie23 Wed 29-Jun-16 20:39:14

Sorry I don't think I was very clear. My tenancy is up 1st Sept (unless renewed) so under the terms of my contract, they have to let me know by 1st July if they are renewing my tenancy or not. They did send me an email in May saying they would renew but since then I have heard nothing. I am a little stressed that they will do one of two things, either tell me mid July that I have to be out in 6 weeks, or I will get an email tomorrow asking for £300 to renew my contract.

KP86 Wed 29-Jun-16 20:42:06

Does your contract specifically say that unless renewed your current lease is deemed to have ended?

Otherwise, as PP said, it will roll over to a periodic (monthly) lease automatically, with the same terms and conditions as the current one.

JeanGenie23 Wed 29-Jun-16 20:44:05

No it doesn't say that. If that's their intention I would rather start looking for somewhere else now, I have an 18month old so a month by month rolling contract does not sound good to me

JeanGenie23 Wed 29-Jun-16 20:45:16

Why can't they just tell me, I feel a bit messed around. confused a friend said she wondered if they were holding out on me until after the referendum in case it affected housing prices

ChocChocPorridge Wed 29-Jun-16 20:47:01

england.shelter.org.uk/get_advice/private_renting/ending_a_tenancy/renewing_your_private_tenancy

(assuming England)

It automatically becomes a rolling contract. TBH, 300quid is ridiculous for them to change the dates and print off a new contract, so unless you really want another year's fixed term (which gives you extra security), just let it roll and let them whistle for any renewal fee.

It'll cost the landlord a fair bit more to advertise for a new tenant.

ChocChocPorridge Wed 29-Jun-16 20:48:04

The landlord always has to give you 2 months notice - they couldn't just tell you they want you out half way through July.

JeanGenie23 Wed 29-Jun-16 20:51:34

It is ridiculous I know, I paid that last year so for all I know if they do ask it could actually be for more than £300. That's the cost of going through an estate agent I guess, I had to pay £250 check in fee as well. hmm (not forgetting 6 weeks worth of rent and £500 to take place off market) it's extortion!!

but anyway thank you for that link...I really would prefer the extra security, it would be different if it was just me but with a toddler I don't want the worry

JeanGenie23 Wed 29-Jun-16 20:53:17

choc I am just stressed that they have been completely unresponsive and its 1st July on Friday...
I tried calling today and left a message for the estate manger to call me back but I'm not convinced they will confused

penisbeakerlaminateflooringetc Wed 29-Jun-16 20:53:33

You don't have to renew your tenancy agreement until it expires, the letting agencies I've use have normally sent this out about a month before it's due for renewal.

They have to give you at least two months notice even if you have got less than that left on the fixed term agreement.

ChocChocPorridge Wed 29-Jun-16 20:58:07

In your situation I'd be worried to - but unfortunately there's not much more you can do - I bet it's the landlord taking their time returning their signed copy of the new contract.

On the bright side, if they care this little, they're unlikely to be kicking you out any time soon, and you can sign a new fixed term at any point (even after the current one has expired).

But I understand the stress this must be causing, I really sympathise

JeanGenie23 Wed 29-Jun-16 21:05:18

It's the downside of renting!!

Thank you for your replies. I have been googling 2 bed places in my local area, the rent seems to have gone down! If I need to leave I don't think it will be the end of the world.

BeenThereTooSEL Wed 29-Jun-16 21:21:02

I've rented for the last decade and NEVER paid for a tenancy renewal!

JeanGenie23 Wed 29-Jun-16 21:27:15

Really?? sadsad they have me over a barrel!

BeenThereTooSEL Wed 29-Jun-16 22:03:39

No way! And the guys weren't renting via atm are a small company and were in London

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