Estate Agents refusing to ask Landlord for a 24m lease

[Kelsoid]

AIBU in thinking this isn't totally out of the ordinary?

Last October DP and I moved back to our home county after I became pregnant. After 9 years of moving practically every year in London, we were excited at the prospect of finally settling down and calling somewhere home with out little one.

Our first year lease in our perfect 2 bedroom cottage is coming to an end, so we asked our estate agent if we could please now sign a two year lease (with a 12 month break clause) so we could feel a little more secure in our home. They've point blank refused because 'we don't do that'...they've said either month to month rolling or another 12 months is all they can offer.

Is this worth fighting it or is there nothing I can do? Maybe I'm not getting the particulars here, but I don't understand what either party has to lose by signing on for another two years. We get home security and the landlord has guaranteed rent. The Landlord has full right to refuse us for whatever reason...but for the agents to not even bother asking?

FWIW we've already had issues with these agents. When we first got sent the tenancy agreement we sent it back with a couple things we would like to negotiate or change, and they responded with 'we don't do that, our tenancy agreement is standard and as such does not require any changes made to it.'

All we wanted was all the typos corrected, and a ridiculous clause removed that said we were responsible for replacing and maintaining all white goods and the boiler should they break. We were sure that wasn't legal - which we found out it wasn't! They eventually changed it after we told them that.

What do you think?

Ask ll direct?

Contact your landlord directly and ask them. They may not realise their agents are refusing.

The agents won’t fancy it as they’ll charge for the renewal each 12 months

As I understand it the renewal isn't charged - why it baffles me that they're so dead set against two years!!

I’d be amazed if they don’t charge your LL for doing it

They sound a bit dodgy given the boiler clause and I suspect they charge your Landlord for renewals and that's why they don't want to sign up for longer. I would get in touch with the Landlord directly and let him know your reasons for wanting to sign up for two years and that you are contacting him as the agent has said no but only said "they don't do that" rather than saying because the Landlord doesn't wish to. Obviously the Landlord can still refuse for whatever reason but it would seem odd if they are happy to have you as a tenant.

They’ll be charging your LL to renew it.

Although why they then offered you month-month rolling contract his only knows.

They sound shady, tbh.

Get in touch with your LL - contact details should be on your contract - and tell them you’d love to be longer-term tenants so please could you sign for 24 months? Then go back to the agents.

It probably is the estate agent.

I rent out my old house. When a family started renting, I asked about offering them a longer lease - I figured they might want security, a guarantee that the rent would stay the same for 2-3 years minimum and they could have a break clause. When I asked the estate agent if we could offer that (because its a family home, id rather have tenants who would stay long term, feel settled and secure) the estate agent refused. Unfortunately, because it's fully managed by the agent, I couldn't go against it (need full management as too difficult for me to manage myself).

It's a shame. It should be an option for tenants and landlords to offer this type of lease with the safety net of a managed property.

@Iliketeaagain this is it!! We are a little family now. This house is perfect, we know we can afford it and we've really set ourselves up here. It would be really comforting to have the security of two years and I hate that money grabbing agents just see pound signs when it comes to things like this.

I guess with the new laws around letting fees for tenants they're trying to get money from elsewhere.

It could actually be the mortgage company that prevents it - some have clauses which prevent leases longer than 12 months. But hard to tell if the estate agents aren't being helpful...

Check if your contract has an address for the landlords that isn't c/o the agents. If there is one then write to the landlord directly with concerns about the agent. I can pretty much guarantee that if you are having problems with the agents then so is the LL and they would rather know.

I thought as of a Nov last year new legislation is going thru & renewal fees are about to be scrapped /made illegal? I just go with automatically rolling month to month to avoid the £100 fee tbh. I worked in Lettings. Landlords don't usually want to be tied to a longterm lease in case their financial circumstances change: in which case, they can then sell it.

When we were LL we were advised not to do more than 12 months at a time by our Letting Agents so I think that is fairly standard advice.

If you want to contact the LL directly yourself, the Letting Agent has to give you their details if you ask for them (if they are not already in the tenancy agreement).

Isn't 2 years with a 12 month break clause the same as a 12 month lease anyway in practical terms?

You should have your LL's name and address on your Deposit Protection Certificate - assuming you have one. If not, s/he is in breach of the law and you can claim hefty compensation. I would write and ask him/her directly.

Unless your LL has specified shorter lets only, I imagine your letting agent is either a bit dim and clueless, , or else just can't be bothered to draw up a different agreement. Or they want shorter leases because they bring in more fees.

I am a LL and we had to sack our letting agents not long ago for incompetence - albeit of the Tim Nice But Dim variety. From all I ever hear they are often misinformed about all sorts.

As a landlord of multiple properties I would never sign a 24 month lease (and especially not in the UK where it is almost impossible to get rid of tenants if they do the wrong thing). I have two long term tenants and they know I will renew their lease every twelve months providing very they keep they property up to standards, but realise that if anything goes financially wrong for me I may need to sell a property/properties and much easier to do on a shorter lease.

As awful as everyone will make will this out to be (but it isn’t), if you want security you need to purchase your own property, as renting is only borrowing something until the owner wants it back.

@ ScotsinOz

"As awful as everyone will make will this out to be (but it isn’t), if you want security you need to purchase your own property, as renting is only borrowing something until the owner wants it back".

Maybe you could enlighten the poor souls who are trapped in the horrific renting cycle exactly how they go about buying their own place when people like you hold onto properties? Do they just need to throw down magic beans and up sprouts a house in the morning!!

Such a crass comment, and completely underlines the repulsive BTL market here in the UK.

Yep, I despise you and your ilk with a passion you'll never know.

You clearly have a house, but yours and others selfish spiteful greed forces others to rent.

For the record we own our house outright, so in effect could easily jump on the bandwagon and screw others far less fortunate, but morals and principles stop us.

It's a pity there aren't others with morals and principles.

Greed!!…..isn't it just the most grotesque human trait ever!

@contentedsoul couldn't agree with you more

@ ScotsinOz

Of course people renting want security, it is horrible renting never knowing when you will be asked to leave. It is no way to live. The longer a landlord can give a tenant to live in the house the better.

I rent and have just had to move because my landlord was selling the house. There is nothing worse than having to move every few years, I just want to put down roots and feel secure.

By the way I have owned my own house [ many ] in the past, but a marriage break up meant that I couldn't get a mortgage on my own, so I have ended up renting.

I wouldn't want you as my landlord. Compassion for people who, through no fault of their own, can't buy their own property would go a long way. You are obviously making a lot of money out of renting out your many homes, but you don't care about them as people, just see them as a commodity.

Why should they make it two years or negotiate a special lease just for you?

My mortgage states the maximum I lease can rent my home out (with permission) is 12 month assured shorthold tenancy.

Why should they make it two years or negotiate a special lease just for you?

Because people about to sign contracts worth thousands of pounds are entitled to negotiate? Why on earth shouldn't they? They're asking for a change to the term not a complicated new clause.

And they aren't "borrowing" their home FFS. What a terrible attitude. People are paying you vast sums of money because you have been luckier than them. You aren't doing them a favour.

Ignoring all the LL baiting shite...

As the law stands LAs get no benefit from refusal
As many mortgage lenders insist a long AST is not allowed, so 12months is the usual maximum, backed up with various, usually impenetrable, statutes
A decent tenant with a decent landlord gains nothing with an extended tenancy. A rolling tenancy is, and should be, the norm.
It is only bad tenants and bad landlords that want things nailed down. If everyone acts in a decent manner then all goes well.

Keep in mind the real stats. 90% of all tenancies to are ended by the tenant. Of the remaining 10% the vast majority are ended due to non payment of rent. Stats courtesy of yougov (I think), I'm on my phone or I'd link to them!

OP do contact your LL direct and discuss your intentions with them. They may not give you an extended lease but at least you will have peace if mind that they do actually know you intend to stay.

A 24 month TA with a break clause of 12 months means the LL can use the break clause to start possession proceedings too so you're no more secure than you are now wuth a 12 month FT.

Anyway- your legal relationship is with the landlord and not the agent so you can approach the LL directly.

Dh is a professional landlord and people are starting to ask for longer leases more and more. He is not allowed to use them due to restrictions on his mortgages. He usually issues a 6 or 12-month tenancy and then it defaults to a monthly rolling contract. He has never evicted someone except for rent arrears. It’s pretty standard.

Thank you everyone for the sensible replies. Good to know it may merely be stipulations in mortgage agreements preventing this! Maybe the LA's are dealing with many such clauses, so just have a blanket policy for all their properties. Still worth checking with LL though.

As for @ScotsinOz....I'm not entirely sure how to respond to your comment. You seem to be under the hideous impression that I really enjoy renting, so have merely chosen to do this instead of buying my own property?

Yes. Of course my home would be that little bit more secure were it bought. But it's because of people like you who buy up houses for BTL that the peons like me can never get on the property market.