To tell the letting agency to piss off - re paying £00's to stay in the house I am renting?

[UpInTheAirAgain]

I rented a property 5 months ago on the premise that I wanted to stay here for a year. Landlord was happy to rent the house out for a year but letting agency said they would give me a 6 month tenancy first and then it would roll from month to month assuming all OK. I was OK with this.

As I had a credit rating that is not great due to a problem I had 5 years ago and am a mature student, I agreed to pay the first 6 months rent in advance with a months deposit.

Fast forward to today and I have been told that the landlord to fine for me to stay here for another 6 months but the letting agency wants to draw up another 6 month tenancy which I will have to pay a fee for and I will either have to pay another 6 months upfront or pay for another credit check and get a guarantor as well.

Now I have no problem being able to afford the next 6 months rent but I object to having to pay extra just so I can stay in the same property.

I am loathe to pay another 6 months rent upfront as I have heard stories of properties being repossessed when the landlords have not paid the mortgage and tenants being kicked out losing their money.

I just want to stay on and pay monthly rent as normal. Letting agent are threatening a Section 21 if I don't agree to a new tenancy although I am not sure if the landlord knows this as she lives abroad and surely just wants someone in here paying the rent, not potentially having it empty!

AIBU to think they are taking the piss, tell them that and just pay rent monthly?

You have a right to know your landlord's address. Why don't you contact the landlord and ask for a a rolling contract?

common problems with renting

Tell them that you are concerned about the legalities of this and would like it confirmed in writing from the LL that this is what she wants. Bet that shuts them up.

And yes....you do have a legal right to know her address. If they refuse to give it to you can politely point out to them that no rent is legally due until they furnish you with it.

(Although DON'T not pay your rent under any circumstances!)

Yanbu. Although it's common to have to pay to renew a tenancy this is not necessary when you have agreed to a rolling monthly contract. The letting agents just want their £££ to renew and no way should you need a guarantor halfway through the agreed rental period. Hold your nerve - even if they do issue s21 notice as long as you keep paying the rent you will easily stay the another 6 months before anything happens.

I would try and get hold of the landlord, if they are charging you to renew they will also be charging them as well.

That's not what you agreed, and I would also be reluctant to be constantly having to pay rent in 6 month tranches.

depends on your credit check/reference status. The landlord may have rent guarantee/legal expenses insurance which only works if you either pass a credit check or pay 6 months in advance. If you do the latter then obviously you need a tenancy, otherwise you wouldn't have a guarantee that you could stay all six months.

I am on the other end of this situation and have no alternative but to pay the renewal fee, nor does the tenant. £95 each up the spout.

ps the agency has some kind of safeguard protecting the tenant against me defaulting on the mortgage, although that isn't going to happen. But you should have the same.

Fuck that! Ask them to give you the landlord's address for service pursuant to sections 47 & 48 of the Landlord & Tenant Act 1987. Then write to your landlord and check if it is their requirement for a further 6 month tenancy.

Even if the letting agent had authority from the landlord to issue a section 21 notice, why would the landlord want you to go? Answer: letting agent is on a money-makjng exercise. As you know already.

And based on a poor credit hkstory, as a landlord I might not want you to have security of tenure for another 6 months anyway (no offence intended) because sometimes poor payers pay for 6 months then stop!

If the letting agent issues a s21 they cannot remove you without a court order. Is the agent likely to issue court proceedings without authority from the landlord? Answer: no because it is expensive and risky to do so without the landlord's involvement.

I would ask for the landlord's address, keep copies of your letters and just carry on paying the rent as you are.

They are just trying to get a fee out of you. The law is you go on to a rolling tenancy after the tenancy ends until either party gives notice and that means 2 months notice by your LL who you are entitled to have the name and address of.

All agents try this and don't fall for this.

When this happened to me I asked a friend who is a solicitor and she said that I should just tell them that I wanted to go onto a rolling tenancy (or some such). They'd implied in their letter that my only option was to have a new agreement - but apparently that isn't so.

X posts - must be right if two if us say it!

Send them the old emails with agreed rolling contract. They have probably got new staff or have not bothered to read the changes in your contract stating agreed plan. Gapped to me before.