To not want to pay to renew my tenancy?

[ChaosLtd]

Been in current rental for 18 months. First 6 months normal AST then rolled on because I refused to pay £150 for them to issue another tenancy agreement.

Owner is currently trying to sell to 'investors only' meaning that we will get a new landlord but I am aware that if she can't find an investor quick enough she will put in on the open market. So currently having to deal with viewings which is already quite stressful. Selling agent is a different agent to the agency dealing with the letting.

Got an email from agent yesterday (with no prior discussion) saying that the landlord is kindly giving us another 6 month tenancy with the rent being increased by £100 a month and we have to pay £75 (bargain!) for them to process it which is basically them emailing it to me, me signing and then posting it back to them.

AIBU to tell them to get stuffed? Although I can't really as we will find it very difficult to move what with having to raise the cash for another deposit and rentals having gone up around £200/300 a month in the time we have been here.

Aaarrggghhh. This is the 3rd time this has happened to us. 1st time landlord put house the market after 4 months of us being there so had to leave after 6 months, 2nd time house put on market after 18 months. I just want to bloody scream!!

That's good Chaos!

I have lived in my rental property for THIRTEEN YEARS. 2 years ago the letting agency informed me I have to now pay them £120 a year to renew my tenancy a year. They also told me they will be doing a rental check every 6 months, each time they have done this my rent has gone up another £50 a month.
It's not illegal, believe me I've checked.
Renters are screwed, it's a landlords market.

Do you know what I have been living for the last year with an underlying fear that the LL will serve 2 months notice since the AST expired and it started rolling as I know she was trying to sell before.

I have deduced that the landlord, who lives abroad, has remortgaged this property to the hilt (from her mortgage payments) so that she could buy a property abroad in cash. If she has a void, she will be up shit creek. Also has obviously not informed her mortgage co that she is renting it as we have had lots of letters from mortgage co.

I am thinking I will have to refuse viewings and start looking for a new place, but would we then get a bad reference from the letting agents?

So shit as I know we could be faced with the same situation in 6 months in a new place. FUCK!

I didn't know that Mileend.

I just assumed that as I'm paying the agent so much my tenant wouldn't need to be paying him as well.

Is it common in your area for tenancy lengths to be only 6 months? That's very short, too short to even be in the interest of the LL. Usually it is a minimum of a year, even in fast paced markets like London. 18, 24 and even 36 month contracts are not uncommon, perhaps suggest this next time you offer on a property?

They agents can't give you a bad reference for not allowing viewings during this period. So far you've haven't been obliged to in the slightest and doing them out of the goodness of your own heart, which would surely be a positive reference!

pigs
You'd think so. But agents are greedy fuckers. My last renewal was to the tune of 180 quid despite endless arguing and back and forwarding. The alternative if I choose not to pay was that my tenancy would end and I could get the fuck out.

Yeah. Doesn't surprise me. It just never occurred to me that they'd be charging both sides.

OK, need advice, time to play hardball!

What we have decided to do is accept the new tenancy agreement and sign it. Then cancel the viewing set for next Thursday and not allow any further viewings stating that we are under no obligation to allow access and do not even have to deal with the selling agent at all.

If we do this, can the landlord still serve a Section 21 before the new tenancy starts, there will be about 9 days in between, because we are not allowing viewings? Can she still serve a Section 21 even though I have an email from the letting agent offering a new 6 month tenancy? I assume that if she serves it before the new tenancy date starts that it will still be valid? Anyone know?

She can still try to sell the property obviously but without viewings! This will at least give us another 6 months to find somewhere else and we can hope to win the lottery in that time so we never have to rent again.

Mileend Only 6 month leases here. In fact on this one, I asked for 12 months which the agent said they would do and when I arrived at the property on the move in day with all the furniture in a van to sign the tenancy, (said they were doing that for my convenience rather than me go to the office) they said that they would only do it for 6 months knowing I could not back out! Bastards!

Why do you want to sign the lease?

The landlord hasn't given you notice to leave, so he has a minimum of two months from when he gives notice.

Just say 'sorry I'm not signing any new contract, and I'm not paying higher rent'. He's then got to decide if he wants to evict you or not.

Chances are, not. But see what he does, rather than spending more rent and waiting six months to get screwed around with again.

OP get out of there. Leave the house. It sounds shit!

Horrible situation!

You can use your knowledge re LL situation to your advantage.

LLs fantasy: you sign a more lucrative contract and you sell his property for him ( while having all the inconvenience of showing people around to sell YOUR home.)

What you could do:-

So, tell agents, no you are not willing to sign another 6 months and don't want rent increase, or pay their fees. Put this money to one side. Chances are they will back down... Or they'll object, then quickly be advised it is not worth a void or getting a shit tenant in.

Even if they do decide to give you 2 months notice... You have quite a lot extra time than that.. Depending on how long court cases are taking in your area. You may have another 5 weeks plus.
Meanwhile you can save the extra rent you're not paying and concentrate on finding somewhere else.
Also to be 'helpful' agree to SOME showing around, but say it is accompanied visits only (you are not insured if anything happens!) AND these are only to take place on say Wednesday 6-7 or Saturdays 930 - 1030...it is not up to you to sell their property for them.... Or I would be tempted to agree only to visits once a fortnight. Or, you could agree to do an open house once every 6-8 weeks.. No visits in between.
You do have the right to enjoy the property.

The agents have already shafted you, you owe them nothing - don't let it happen again...
Act selfishly!!

^^ what Avocado said.

Absolutely.

OP given what you have posted about the LL's circumstances, etc then I would seriously look at finding somewhere else while you are in the position of only having to give one month's notice.

I think there is a big risk in refusing a viewing before that new tenancy commences for the existing house and I wouldn't agree to the increase because it's no guarantee with the LL's precarious finances that you will be any more secure.

As for staying on and getting evicted which is one of Avocado's suggestions, this could make it extremely difficult for you to rent again.

when I arrived at the property on the move in day with all the furniture in a van to sign the tenancy

why were you only signing the tenancy on the day you had arraged to move in?! What's stopping them from just saying, 'oh were renting it to someone else actually' you had no contract to fall back on? The TA should be signed immediately after agreeing to the offer, checking references and paying all monies, so usually a month if not more in advance.

Where do you live Choas this all (the angets) sound very dodgy?

Estate Agents are fucking parasites when to comes to renewing tenancy agreements. We had to pay for the privilege too and will soon again (though we are going to move instead) despite us having to chase them about numerous things. They are absolute shit. The Landlords property was getting damaged from an ongoing issue which we kept emailing them and calling about and after 2 month it got fixed (with damage to the house) and found out they'd only informed her that week!

Also if you are really concerned about being able to rent another property in the future (which I assume is essential?) then don't let your self be evicted, it really isn't worth it.

In your case OP, I would refuse to sign and look for somewhere else. What's to stop her from selling to someone who wants to live there? Asking for a rent increase when selling, with no guarantee to you you'll be able to be there long, sounds like setting you up for possible fails. If she was serious about it being investor only and keeping you on she'd protect you too with at least a years contract. But she's out for herself, which of course most people would be.

So you need to be out for yourself too.

I think you need to cut your losses on this one and find somewhere else. LL hasn't paid the mortgage so you're on thin ice anyway. You could have a year of her trying to sell to an investor with your life disrupted or she might sell to someone who wants to live there in which case you're out. Having people in and out is disruptive. I'd say no to the viewings. If she wants to give you notice let her - you have 2 months, probably more as you wont' be made homeless. Tell the EA to get stuffed too, both on fees and increase. My friend stood her ground on this asking them what's it for? They caved in. Awful situation for people in this country. It makes me so angry. How on earth can people bring up children with this hanging over them. Technically you could be in somewhere for 6 months and be moved on every six months and according to what LL's try you could have people viewing for 2 months of the six months you're there. You don't need to let them in. Let her sell it on her time, not yours. Any chance you can have help with the deposit - family? the bank? friend?

Don't sign the new tenancy - you're on a rolling contract now, so there's no legal obligation on you to renew it, it's just an estate agent's scam to get more fees from you and the LL.

Start looking for a new place - if you don't renew, the LL may give you two months notice, but frankly you'll not be staying there much longer than 6 months anyway. The chances of the LL selling the property with you as a sitting tenant to another LL who keeps you on are slim to none.

I know it's hard to believe, but you have the upper hand here at the moment. You could refuse to cooperate with viewings, and leave after one month's notice, leaving a LL who's already financially struggling with a void period. Use that to your advantage to find a new place and don't let the LL or EA strongarm you into paying more rent for a property they want you out of. Now's also a good time to familiarise yourself with exactly when you need to give notice in order to minimise the amount you need to pay out.

If you are already on a rolling tenancy, surely that just carries on until you give notice or they serve a Section 21?

I'd say that the LL has found it's hard to sell with a sitting tenant and is trying to get rid of you.

we have rented our house for 8 years now. Renew contract every year. Not once have we had to pay for this. I assume the LL does but frankly I have no clue I know we dont.

I would refuse and also say if they persist in this you will withdraw your agreement for them to send in viewings.

Tell agents you need a minimum notice period before viewings, 48 hours maybe?

And keep on about the outstanding repairs. Surely it's in the LL's interests anyway as it will make it easier to sell?

Just going back to the £75 charge that the LL's agent is asking the OP for.

I've have just, today, signed another year's contract with the same tenant who has been renting my property for 3 years now and the agreement states that the tenant doesn't pay anything for the contract renewal.

I was surprised to learn that's common practice to charge the tenant. Pleased my agent seems to be more ethical than a lot of other agents.