Tenancy Agreement

[FairyDust92]

Posted here for advice also to see if I'm BU!

Live in rented flat. Was due to sign new 6m tenancy in July. Finally received the new agreement now. Agents are shockingly shit at doing anything on time or getting anything done.

There is a fee to renew which I thought was illegal now, turns out because were already tenants we have to pay the renewal fee because that doesn't become illegal until May-June 2020 🙄.

So read over the agreement and disagree with somethings and let them know I won't be signing until they've made adjustments.

One thing being the professional cleaning or carpets and oven... you legally do not have to do this now and something about administration fees. My partners uncle went over the agreement as he is a letting agent and advised us this needs to be taken out.
The agents are saying we can just sign it and that stuff in there won't matter. Not sure if I'll live in this flat after 6 months so AIBU not to sign it until they have made changes?! I don't feel comfortable signing for something which is not even legal anymore! I know what they are like they will say because I signed it I have to do it. I haven't signed anything yet.

Pretty sure if you sign it as it is you are agreeing to be legally bound by its contents. I'd say don't sign it

I haven't yet, estate agents aren't happy I questioned it!

Sorry forgot to add thank you x

Cross out the bits you don’t agree to, initial where you’ve done that and sign.
I’m a landlady and I’ve just paid renewal fees so odd they’ve asked you to pay.

There is no obligation to sign an new agreement at all. When the initial term of an agreement expires then it just becomes a rolling 'periodic' tenancy. This means that the LL would have to give two months notice to leave and the tenant one month.

You can just say you aren't going to sign another agreement full stop (are they proposing a rent increase?). If they are not increasing the rent then the LL would be very silly to go the time, trouble and cost of eviction if you are otherwise good tenants. Your original agreement will continue to be valid.

Until you sign a new agreement you continue to occupy under the terms of your previous one on a statutory periodic tenancy (a rolling tenancy). They can chuck you out on two months notice. You can give one. If you're not planning to stay much longer, if you'd value having a relatively flexible departure date, and especially if they're slow and useless, I'd suggest dragging your heels, "taking advice", suggesting amendments, and generally fannying about and not signing, or paying their fee.

When their bluff is called the landlord may well be happy to leave you be on the periodic tenancy. The only person who really benefits from the unnecessary new agreement is the agent, who gets to charge you a fee.

If the initial tenancy ended in July you are now automatically on a rolling periodic tenancy because the agent failed to get the new 6 month tenancy agreement to you in time.

Even if you sign a contract, illegal or unfair terms cannot be enforced, so to that extent the agent is right in saying it won't matter, but it grates with me - partly the principle that they should not lazy or be trying to get one over on tenants with what they know (or ought to know is illegal/unfair) and also that some people will not know what is an unfair term and what is not.

I am totally with you in wanting them to take out the unfair crap, but sometimes if you are in a precarious situation it is not always wise or possible to rock the boat. But as you are already occupying you ought to be more secure under the new laws so I would insist on the amendments if you can; bit harder if its a new property and there is the threat it could be given to another prospective tenant.

It ought to be easier to report unfair tenancy agreements to the professional body or ombudsman so that they can step in and take the stress off the tenant.

Thank you all so much! I never knew any one this! 😳 I've always paid my rent on time never ever a day late. We're good tenants and been here nearly 2 years. The property itself is about 15 years old. I will definitely mention about how they didn't get the contract to us on time. Thank you all! x

Of not one 🤦🏻‍♀️

Update* so they now have said the professional cleaning of oven and carpets have to stay in the agreement as it was in our original agreement... the new agreement they want us to sign is dated July 2019... the new law about not having to do professional cleaning came in on June 2019.
They also said that if the oven wasn't up to standard or the carpets then it would cost us st the end of tenancy when we leave. But it wouldn't as they're not allowed to do that by law. Bare in mind everything is clean and on our property inspections every 3m we get the report that the flat is immaculate... 🤨 I just don't feel comfortable signing for something that isn't legal. Any more advice please would be appreciated. Thank you x

Also worried that they will try to evict us because we have challenged the agreement and withhold our deposit of £850 😞

Absolutely. Don't sign it. I will say again - YOU DON'T HAVE TO SIGN ANOTHER AGREEMENT AT ALL. If you do sign one then make sure it's dated with the day you sign it and only includes things you're happy with.

They could evict you, but if you're otherwise good tenants I doubt they will. Also you could drag your heels and make them do everything through court if you felt so inclined - and that would take 6 to 8 months. And they won't be allowed to keep your deposit.

Thank you! I'm just so fed up of it all now. I've said I wanted it dated from now and they said no it's from the date your agreement was meant to start from. I said well no because as it is you gave it to us a month late.

Right, Go back to them saying you've taken legal advice (ahem - just don't mention it was from MN) and have been advised that you are currently on a statutory periodic tenancy and that you are happy for the tenancy to continue on that basis. Say that if they wish you to sign another agreement it needs to be one you are happy with and should also be dated from the date of issue.

Incidentally if they want to back date it does that mean that they want you to date your signature with a false date - ie pretend you signed it months ago? Maybe ask them if that is the case could they please state it in writing :)

Sorry they are still being awkward bastards about this OP. What arses.

For extra info, have a look at the deposit protection websites, and especially the one your deposit is held under and read about the charges that can be made against deposits etc, and also read the previous decisions the adjudicator/ombudsman has made and how they justify them. It is really very useful.

The threshold for successfully and fairly claiming for damages against a tenant is high and evidence is required of costs incurred, they can't just add on purely punitive charges when no additional cost was incurred.

Also, if you haven;t seen them already, read up about the new rules on eviction that make it much harder for LLs to evict and aim to stop revenge evictions. They may not apply to you depending on the date you moved in (I can't remember the specifics) but it is worth checking.

You can't stop them being stubborn, dodgy buggers to deal with, but at least you may find some peace of mind that when it comes down to it (usually at the point of moving out), if you know your rights and stand your ground, they can't get away with half the stuff some agents and LLs will try to.

Cross bits out and have both you and then initial and sign it.

I did the same with my most tenancy agreement. It said in it that I must buy a TV licence, but as I don't have TV I amended it to say "if required".

I signed a new contract a couple of days ago. They've taken out the renewal fees now but I did have to pay them. I got some legal advice and apparently because it was in the previous contract that I signed and I 'agreed' to pay them if I renewed then I had to pay them this time.

I'd go back to the estate agents and get it removed.

The law is on your side here. UK evictions can take up to 8 months so it's not in their interest to do this. If you can, speak to Shelter who can advise you of the intracies of the various aspects free. Please don't sign a legally binding document that you're not comfortable with. Also, I wonder if the landlord is aware what's going on? Often, they'll have no idea what the agents are doing.

Thank you all! It's beyond stressful especially when partners mother is saving 'don't rock the boat and wind them up because you might get evicted' why shouldn't anyone fight for what is right! I'm going to ask them to rate it from August as that's when I received it. If they say no I will mention what others have said on here. I'm also just going to cross out the professional cleaning and initial against it and sign.
Thank you all so much for your help & guidance x