I have an assured short hold tenancy with a private landlord the fixed term of which expired recently. I am in the process of buying a property, so my time living here is coming to a close. Two unfortunate things have happened to complicate this situation. The first was that the end of the tenancy came along a month before my completion date, so I was forced to ask the landlord for a one month extension. He agreed to this. The second was that this property purchase fell through - another has since been agreed but it is back to square one with the paperwork so the one month extension no longer suffices. I thanked the LL for his flexibility in offering this, explained my change of circumstance and requested a rolling contract from now on, subject to the two month notice period my original contract requires.
Today arrived my new contract. It is a 6 month fixed term agreement, with a clause hidden at the back which states I shall pay a re-let levy of £850 if I leave the property before the term expires, which is highly likely. FWIW the property is a highly desirable one bedroom flat in a popular area. Two friends of mine have already expressed interest in taking on the lease when I leave - information which I have previously volunteered to the LL.
I have sought advice from Shelter today. They tell me as my original fixed term agreement has expired, legally what I have is a rolling contract until I sign something new. I am under no obligation to do so. Obviously, if I refuse to do so, the LL could start eviction proceedings if he wanted to. This would be 2 months notice + whatever time the eviction took, could be weeks or months according to Shelter. My estate agent advises a 10-12 week likely timescale for exchange of contracts, but obviously no guarantees can be made.
Would you advise...
a. Telling the LL / agent where to get off, i.e. that the re-let levy clause is a blatant attempt to profit from the uncertainty of my house purchase and refuse to sign the new contract. Suggest rolling contract continues and invite them to start eviction proceedings if that doesn't suit.
b. Stalling for the time being to extend the possible timeframes. [Agent has indicated his intention to collect the contract in person on Friday.... that certainly won't be happening]
c. Signing the contract and saying nothing, with the full intention that the last month's rent is withheld in lieu of a returned deposit, thus leaving them with no means of collecting their £850 re-let levy when I leave before October
d. Simply replying with an explanation that I'm unhappy with the terms of the contract and could they kindly reconsider whether the existing one can continue?
e. Sucking it up, signing the contract, and then contesting the validity of the re-let levy down the line. My deposit is protected and I could refuse to agree to have this deducted and go to court if necessary.
f. Something else?
Please talk me down from A, which the responsible bit of me knows is not the answer!