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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

landlord refusing rolling contract

37 replies

whatreallymatters45 · 23/05/2019 06:59

I have rented in my current flat for 4 years. I have paid rent on time, kept the place clean and tidy and reported repairs promptly. In short I have been a good tenant. My tenancy is up for renewal at the end of June. I asked the landlord if I could go on a rolling contract as I am looking to buy. I offered all sorts of other incentives: potential tenants could view the premises with the agents freely, me giving in excess of two months notice .....still he refused. Am I being unreasonable? I'm fuming.

OP posts:
Original poster
whatreallymatters45 · 23/05/2019 07:04

And he has said he will issue a section 21 if I don't give him my decision by tomorrow

OP posts:
Bobbino · 23/05/2019 07:04

This is what I hated about renting! Instead of a rolling contract could you ask for a break clause after a certain amount of months. Our landlord agreed to one when we were looking to buy. We signed a contract for another year but had a break clause after 3 months, we ended up moving out after 8 months. Good luck

Xmas2020 · 23/05/2019 07:05

Of course YABU, YOU are the tenant, stop messing him about before he evicts you.

Bobbino · 23/05/2019 07:06

I think most landlords would give a break clause in a contract after 6 months so you've stayed for at least half the tenancy

Sparklfairy · 23/05/2019 07:11

If you ignore him it will automatically go to a rolling tenancy anyway. However he can/will still issue a section 21 and get you out, so pick your battles. How long would the new tenancy be for? It can take longer than you think to find and complete on a house.

Original poster
whatreallymatters45 · 23/05/2019 07:14

yes he has offered a break clause

OP posts:
CuriousaboutSamphire · 23/05/2019 07:16

The problem is he is trying to secure his income on the property and you are trying to remain as felxible as possible so you can deprive him of your money at your convenience. There is a basic clash of interest.

Just ask for a compromise of a 6-month break clause and see what he says.

Also note that the Tenant Fee Ban comes into force on June 1st, so there can be no charges for the new tenancy! As in NON AT ALL!

CuriousaboutSamphire · 23/05/2019 07:16

Cross post - then take it! He REALLY isn't being unreasonable!

Original poster
whatreallymatters45 · 23/05/2019 07:24

Thanks I really appreciate the comments. When I have been looking a various properties I explained my tenancy situation to a couple agents who to told me that rolling contracts were given in 90% of situations like mine. That is why I was surprised when he refused.

OP posts:
Hermano · 23/05/2019 07:36

I think HIBU. He has income guaranteed until you give notice, and if you're offering over 2 months that's ample. And you're offering new tenants to view freely, which could reduce the void period to zero. If he's being that much of an inflexible git then I'd be exercising my right to peaceful enjoyment and refusing all viewings until you've moved out. I wish landlords people would be more human in situations like this Angry.

And for info I was once a landlord and I was very flexible and fair. Happy tenants means happy landlord IME! My tenants cleaned and tidied before viewings when I was trying to sell, and I sent them flowers every couple of weeks as a thank you. Admittedly they were dream tenants, but I'm pretty sure they were only so good to me because I treated them with kindness and respect

Original poster
whatreallymatters45 · 23/05/2019 07:43

Thanks Hermano. I have been a landlord and a tenant so am aware of the landlords position.
I would, like you always hang on to and be open to maintaining positive relationships with good tenants. I thought my offer to him minimized any loss of income on his part as well as leaving me in a more fluid situation if I was to find a property.

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CuriousaboutSamphire · 23/05/2019 07:46

told me that rolling contracts were given in 90% of situations like mine. They are. But given that you have a worrier, a landlord who feel the need for more certainty, or control, it's best just to adjust to the situation as is... at least he offered a break clause. That shows he isn't a total horror!

Given the changes in the law he is being a bit of a fool to himself as someone has to put in a cuple of hours work on the new contract, but hey ho!

Serenity45 · 23/05/2019 13:11

We were in this situation a couple of years ago with our tenant. She'd been in the flat 3 years, always paid on time, maintenance visits allowed, inspections fine etc.

She asked to go on a rolling tenancy as was looking to buy and we agreed, because we felt it was important to recognise that she'd been a great tenant and to maintain a good relationship with her. She didn't end up moving for almost a year in the end.

I don't regret doing this (despite the uncertainty) as I'm aware that the landlord has much more of the power in this relationship (am sure others will have different views on this) so I don't think YABU.

CuriousaboutSamphire is right though - there is a natural tension between what you're asking for and what the landlord wants. It sounds like he is being quite aggressive in his approach in threatening a Section 21 so perhaps the break clause is a wise compromise

Original poster
whatreallymatters45 · 23/05/2019 20:41

What would happen if, say for example I had an offer accepted on a property within the next couple of months and there was no chain. I know every house purchase is different but in this sort of situation what is a realistic time frame from offer being accepted to moving in?
and in a tenancy with a break clause do I continue to pay rent until the end of the six months even if I move out in month 3 or 4? Would a landlord be open to getting somebody else in for the final few months of the tenancy or is that not negotiable?

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TheAverageJuror · 23/05/2019 20:48

Unless you will have an offer accepted in next 2 weeks you will most likely NOT be moving in 3 months tbh. If you hit chain it might be even longer. Hvae a look at property section in here. Obviously it can take shorter time, but my relatively no problem buy one took over 4 months.

Cherrysoup · 23/05/2019 20:49

Why has he refused, given you could give notice and move anyway? Tbh, I would find somewhere else.

My tenants asked for a rolling contract with a 2 month break clause, so a month more than they need to give and I’m perfectly happy with that. It also means I don’t need to get anything signed or send anything etc. Refusing you isn’t going to guarantee that you stay and he’ll find it hard to enforce you staying. What’s he going to do? Take you to court?

You’re in a tricky situation. If you refuse, he gives you a Section 21 anyway, which gives you 2 months to get out. Have you found somewhere you want to buy yet? It’s difficult to buy without a rolling contract, as you’ve said. He’s being a dick.

Original poster
whatreallymatters45 · 23/05/2019 21:13

I haven't found anything, i offered to give him at least two months but he is an ..........!

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TheAverageJuror · 23/05/2019 21:18

If you haven't found anything yet, you might very well take 6 months contract imho. Also I know it's extra money, but it's SO worth it to have few weeks when you can clear out the new property, decorate, move in peace... Priceless.
Unles you are moving waaasy out of the area

jay55 · 23/05/2019 21:29

He's had four years steady income. Holding the tenant to ransom in this way is unreasonable.

LolaSmiles · 23/05/2019 22:05

As others have said it's a clash of interests here.
I can understand the landlord's reservation about having a rolling contract and then suddenly no income for a while. It's quite a bit of uncertainty. It can be done, but depends on what the market is like in a particular area.
The break clause offer sounds reasomable though depending on the length of it.

Original poster
whatreallymatters45 · 23/05/2019 22:35

The break clause is 6 months. It will be 7 months as my contract doesn;t expire until the end of June,
I live in a busy and popular area of London,

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TheAverageJuror · 23/05/2019 22:39

So it would be 1 year contract woth break clause at 6 months?

Original poster
whatreallymatters45 · 23/05/2019 22:50

Yes

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TheAverageJuror · 23/05/2019 23:02

Honesty, I don't kniw how much your rent is but you would be most likely sacrificing a month of rent. I get the landlord and I get you. Mine at least allowed 6 month contract, but basicaly it was the same situation. I pu offer in, dealt with searches etc and it took 4 months so we had about 3 weeks in 2 properties. Again. Priceless if you can afford it (I had emergency money set out for it since we had to pay in advance due to owning a company atthe start).
You always risk giving notice and then sale falling through at the last minute, no matter what contract you have.

TheAverageJuror · 23/05/2019 23:08

Just to add originally it looked like we will have month and half left on rental, but we calcualted that it was worth it as the mortgage was half that and we would save back it withing a month. You can try to negotiate on the price of the house if they want completion soon or you may negotiate later date.