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!!

Just one note of caution if you decide to go up against your LL Op. Just be aware that if you are thinking of getting another private rental again, it's likely the potential new LL will request references. One of the reference requests will likely be to your current LL. If you leave on bad terms and your current LL serves a bad reference this could affect the next LL accepting your application.

UPDATE: Well letting agent are now saying that unless I agree the rent increase and fee that I will be served notice to leave, which will mean finding a new property a week before Christmas. He stated that the landlord has a right to sell and that I have to allow viewings so tough shit!

I am fucking furious. I had agreed to a sale viewing on Thursday - seriously thinking of cancelling it and all further viewings.

I have not been given notice to leave yet so do not have to allow viewings as not in last 2 months of contract as kindly pointed out by another poster.

Six month or twelve month are the norm where i live. I can see that it gives both sides a chance to leave relatively soon if it doesn't work out but also (mainly?) gives estate agents and landlords chance to charge for renewing the contract and increase rent.

I do think you're better off out of this situation OP. What's the market like locally? Is there a lot of rental properties that could suit you? If so I think it's worth saying ok then take it as notice to leave in December and find somewhere else.

You don't have to allow viewings anyway OP. Contact the LL direct. By the sound of things she's desperate for money - if the EA causes her a void in Dec and Jan by serving notice on you, she'll not be happy. See if you can come to some arrangement with her. If she doesn't get an acceptable offer by mid November it is highly unlikely a sale will complete by Christmas.

By law the agent has to give you the LL's contact details - you are entitled to them.

I would look at getting out though.

You don't have to have any viewings at all, even in the last two months. Doesn't matter what is in the contract. The estate agent will know this so is trying it on. It might be in the contract but they can't do anything about it. Say no if that suits you.

I am in private let on a rolling contract. Our letting agent has just been taken over by another letting agent who I have not heard good about and my initial experience has been crap. My contract doesn't state I have to pay for renewals but I've been led to believe this agent does charge. They have already hiked up rent massively on properties coming empty. Can you tell me legally why I don't have to sign a new contract as I suspect I I coming.

We're tenants in a private rental managed by local estate/letting agents. We had to pay an initial fee of around £150 to cover costs of (presumably) credit checks, inventory, pressing print on their standard TA etc. Our initial tenancy was 6 months but after that rolled on to month by month. We have been here over 2 1/2 years now and have never been asked to sign anything else or pay any more money to renew. They just come round for an inspection every 6-9 months which takes about 3 minutes. According to our TA, we have to give 1 months notice, LL has to give us 2. I do know there is another letting agents round here that do expect tenants to pay to renew their TA every 6 months. So it does vary between letting agents.

Oh, and we only signed our TA on the day we moved in, after the inventory had been done.

Given what you've said about the location of your house etc op, I'm assuming that the ideal scenario for you would be, LL sells to another LL and you keep current rent and rolling contract??? Therefore preventing sale would be against what you want- remember if your LL gets repossessed you'll be out on your ear. I'd allow viewings at a time that suits you- tell them when you're available.

Letting agents are cheeky, sneaky, theiving bastards. I would bet they haven't told your LL about their little ultimatum- LL doesn't want a void if they're skint.

Refuse the new rent and contract. Call their bluff. Contact your LL and say that you won't be signing a new contract or paying more rent but you won't be obstructing sale. I very much doubt the LL will turf you out for £100 pm but if they do then they were always going to so you would've needed somewhere else anyway and at least you'll have 2 months more than if the house gets repossessed.

In all honesty op, it's October, she's unlikely to get the house sold before Christmas unless she gets an offer in the next week so she'll most likely want you to stay- surely the rent increase isn't worth having the place empty??

Start saving up because, either way you're probably not going to be there in a year. It's shit, but then renting is.

Does the agent expect to be paid twice? Sounds extremely odd to me.

That's exactly what they expect. You're not alone in thinking this pigs- a few of my friends are LL and they had no idea about the unavoidable charges placed on their tenants by the LAs they empower to deal with their properties. The LAs charge both sides but only work for one. It's fucking extortion.

Oh..also should have said op- don't, under any circumstances allow yourself to be evicted, you'll never rent privately again.

repeating what others are saying; contracts cannot override common law. You cannot be told to hoover the house weekly and be evicted for not doing so, and you cannot be told to allow viewings and be evicted for not doing so.

in extremis you can actually change the locks - keep the old ones and put them back when you leave, making good any damage.

most agency contracts do have the viewings clause (mine does) but I figure that if the tenant allows viewings, bonus. Otherwise I will wait until the tenant is out before starting viewings. I'll need some time between tenancies anyway, and because the property is decent and correctly priced I won't have trouble attracting tenants. It's easier to see a place when it is empty, anyway.

so OP - refuse viewings and rent increase, don't sign new tenancy. You are probably going to get a section 21 with two months notice so make preparation to move on. As long as you don't actually have to move on Dec 25 or 26, retailmas is irrelevant. I remind you that it is nearly 3 months until sparkly-tat day despite what the shops think. BUT If an offer on the place was accepted tomorrow, it won't sell before then. If the place sells to an owner occupier, contracts can't exchange until you have left.

BTW if the landlord hasn't told the mortgage that it is rented, the place is not insured. Not your problem but don't have an accident because there's no money to claim from.

My advice was only incorrect if the OP wanted to break her TA and be taken to court and/or evicted, things I imagine most people would generally want to avoid.

Also signing the TA on move in day is not normal, like I said before, what is to stop either side backing out?

It's sad isn't it that LL can look in detail at a tenants finances (3 month bank statements was the least of it last time I moved) but you just have to trust in theirs?? If they fail to keep up repayments on your home you're out on your ear. I'm that the LL hasn't told the mortgage provider it's let out.

I'm pretty shocked at all this. We've rented two houses, the first privately for about 6 months (freezing cold) and the second through a estate agents rental bit for the past 18 months. Apart from the initial contract and credit checks we've had no contact with either the LL or the agent, the price hasn't changed - it is pretty eye watering mind. All we have to do is give a months notice when we leave.

Please listen to Toughas she knows what she is talking about.

Call SHELTER For advice, they are the best people to advise on this.

Just cancel the viewing, and call their bluff on the notice. IF they give you notice, then you can give your own notice for one month, and move sooner.

FWIW my agent asks for proof that any mortgage on a rental IS a buy-to-let mortgage, i.e. proof that the lender knows the property is let out. Presumably this information is passed on to the tenant.

so a tenant can check this very important point.

this dodgy landlord hasn't told the mortgage provider because BTL mortgages cost more. As I mentioned, they almost certainly won't have landlord insurance either. So if there is (hope not) a fire they lose everything. It happened to a friend of a previous poster.

not the tenant's problem but also as I note, this means no cover on other things such as alternative accommodation, liability for injury etc etc.

OP - get going.

Op reading through this i think you better out of this property. You dont have to do viewings, its a nice thing for the tenant to do but even if in the contact you allowed to enjoy your house so viewing etc conflict with the tenancy contact and tbh as a long term renter we refused viewing on one of the properties we rented after we found the estate agent in my underwear drawer. We got our full deposit back. Is your deposit protected? Talk to cab. Id be concerned that if this ll isnt keeping up with morgage she could lose the house and you will be evicted. Open letters addressed to the occupier as the courts will contact you if this is the case. Not saying it is. It would be harder for a ll will get someone to occupy this property around xmas time so its in her best interests to keep you in. She and the agents are being short sighted. Keep paying the rent, bills etc and make sure if they do serve a section 21 its legal. Take it to cab to get them to check. Good luck. X

If your landlord is defaulting on mortgage payments I wouldn't waste your money signing a 6 month lease.

I suggest you start looking for another place instead.

This is why I refuse to give up my council house despite being able to afford private.

Threaten to inform her mortgage company that she is going against her mortgage contract by renting it out? Then inform HMRC that she is a landlord and might not have been paying income tax and might not be so inclined to pay Capital Gains Tax (you can even do this online)? Only semi joking but please do this once you have left if she becomes really arsey.