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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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Original poster

To ask how renters transition to buying a place?

39 replies

Confused500 · 30/12/2021 09:16

My partner and I are in a lucky position to have saved enough for a deposit now.

We are currently renting and each year we sign a new contract (well the same contract we have had) for another 12 months.

Our contract is going to be due to be renewed at the end of January, but I don’t want to lock us is for 12 months. Who knows how long it will take to find a property to buy or how long the buying process after that will take.

AIBU to ask the estate agent for a different contract? Would talking to them deter them from renewing our contract? Could anyone advise, as surely others have been in a similar situation? Thank you

OP posts:

BurnedToast · 30/12/2021 09:17

I think you can ask them for a rolling contract so you can hand in a months notice at any time.

FFSFFSFFS · 30/12/2021 09:18

Ask them for a break clause at say 4 months with a one month notice period after that. Indeed there might even be one in there. This means that you can then give notice after the four months but the lease is still for 12 months.

FFSFFSFFS · 30/12/2021 09:18

Or indeed a rolling contract although some landlords might not like that

KatherineofGaunt · 30/12/2021 09:18

We had to renew for enough time that covered the winter months. It meant we had an overlap of 3 months when we were paying mortgage and rent.

squirrelnutkins1 · 30/12/2021 09:19

Rolling would be a good option for you altho not all landlords like that but just explain your situation :)

ToykotoLosAngeles · 30/12/2021 09:20

Our contract rolled into a monthly one at the end of the 12 months but I understand that's now unusual as many agencies like to charge an annual renewal fee!

Simonjt · 30/12/2021 09:21

Why are you signing a new contract when you can simply leave it to become a monthly contract.

Jessie75 · 30/12/2021 09:24

You can refuse to sign another 12 month contract it is a nightmare though it really is because for example I was meant to buy a house last year which fell through so I didn’t ask for a fixed contract and was given notice so then we had to move again but not into a house that i was buying.

Original poster

Confused500 · 30/12/2021 09:27

Could you please explain? If you refused to sign the new contract, then it says you would be terminating the contract and therefore leaving the property?

The monthly rolling contract seems appealing, but I suppose the landlord/estate agent may not agree to it?

OP posts:

Simonjt · 30/12/2021 09:28

@Confused500

Could you please explain? If you refused to sign the new contract, then it says you would be terminating the contract and therefore leaving the property?

The monthly rolling contract seems appealing, but I suppose the landlord/estate agent may not agree to it?

If you’re in England or Wales they have no choice, they also can’t end your tenancy, only you or a court can do that.

purpleme12 · 30/12/2021 09:28

If you don't sign a contract (but also don't give notice to leave) it automatically goes into a rolling contact

PurplePinecone · 30/12/2021 09:28

Ask to go on a rolling contract as you want to buy so don't want a 12 month contract. Usually the 12 month is because the estate agent wants to change you a yearly fee. Just push back if they ask you to sign a contract. Just say no! Rolling contract means you can give like 2 month's notice I think.

Original poster

Confused500 · 30/12/2021 09:30

Sorry to hear that! I think that is a worry too. Were you served notice because you went onto a rolling contract? Had you had a conversation with landlord/agent to explain situation before not signing for another fixed term?

OP posts:

Tutan · 30/12/2021 09:30

Simply don’t sign a new contract and it’ll turn into a rolling tenancy. Not signing the contract doesn’t mean you’re giving notice; legally your contract will switch to a rolling tenancy the day after your previous contract ends.

purpleme12 · 30/12/2021 09:30

@Simonjt I'm not sure what you mean when you say the landlord can't end the tenancy
They can still serve notice on you given the correct timescales

FawnFrenchieMum · 30/12/2021 09:31

If a new fixed term contract isn’t signed it automatically becomes a rolling contract which means you can give a calendar months notice at any time but it also means your landlord can give you two calendar months notice at any time.

Renewal fees are now illegal so they shouldn’t be charging fees to issue a new 12 month contract.

Tutan · 30/12/2021 09:32

@ToykotoLosAngeles

Our contract rolled into a monthly one at the end of the 12 months but I understand that's now unusual as many agencies like to charge an annual renewal fee!

It’s now illegal to charge annual renewal fees.

Our estate agents tried to get us to sign a ‘rolling contract’ so they could charge the landlord a fee. I declined on the basis that there is no such thing as a rolling contract and no need to sign anything - it is an automatic change at the end of a fixed contract.

Simonjt · 30/12/2021 09:33

[quote purpleme12]@Simonjt I'm not sure what you mean when you say the landlord can't end the tenancy
They can still serve notice on you given the correct timescales[/quote]
Yes they can serve notice, but they cannot end a tenancy.

Porcupineintherough · 30/12/2021 09:35

I'm a landlord and my tenants automatically go onto a rolling contract after 6 months (unless they opt for another fixed term). Its really common round here so definitely ask.

ilovebagpuss · 30/12/2021 09:38

I suppose some people may end up paying a bit of an overlap. I would definitely start by speaking to your landlord and seeing what they will agree to. If you keep them in the loop you can probably time it quite well.
If you had to sign an annual contract you could aim to be at the point of purchase 3/4 months before it ends?
The monthly rolling contract sounds most flexible.

Original poster

Confused500 · 30/12/2021 09:39

Thanks, we have been with them for around 5 years now, so hoping that they are understanding!

Thanks for the replies everyone, it’s made it much clearer

OP posts:

Original poster

Confused500 · 30/12/2021 09:42

I think in an ideal world we would have one month overlap, to give enough time to move/clean/sort bits out!

The landlord goes through an estate agent so we would have to talk to the agents, who would then pass information into the landlord!

OP posts:

Jessie75 · 30/12/2021 09:43

@Confused500 so yes, the 6 month contract was up, i didnt want to resign for another 6 months and so was given 4 months notice (with 2 months left on the 6 month contract), so effectively 2 months notice. I could’ve and maybe I should’ve refused to have left at the end but couldn’t really face going to court and then of course you could just be given two weeks notice to get out at the end of the day and there might have been less property to rent or buy.

It is really tricky if the landlord isn’t amenable

Horst · 30/12/2021 09:43

You don’t have to sign a new agreement every year they are just wanting to lock you in.

If you don’t sign and don’t move out you go onto rolling. Yes the landlord could give you notice of two months but that would be counter productive on their behalf.

FFSFFSFFS · 30/12/2021 09:47

Of course a landlord can end the tenancy and evict you if they don’t want a rolling contract and you refuse to sign a new agreement!!!

Sure they’d have to go to court if you refuse to leave the property but that’s hardly a good way to behave and it’s not great to have an eviction on your record. And you can be liable for costs.

Lots of mortgage companies don’t allow rolling contracts which is why so landlords don’t agree to them.

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