Fixed term tenancy ending, letting agent pushing for new fixed term

[Veganmedic]

Currently just a few weeks from the end of a six month fixed term tenancy rented privately through a letting agent. Contacted today by letting agent to advise of this and told that I need to start a new fixed term contract of 6 or 12 months. I replied that this doesn't suit (junior doctor about to apply for next stage of training so location a bit up in the air, plus we'd like to buy not rent so need more flexibility to leave a property). I suggested we just allow the contract to run into a periodic tenancy. They refuse saying this isn't convenient??? I have replied stating that from Shelter website it would appear we are entitled to this and are under no obligation to sign a fixed term again. They're yet to reply. I am aware I'm risking a 'revenge eviction '. Any legal clever people give me a clue if I'm right or not? So as not to drip feed, the original contract does mention renewal of fixed term at expiry of original fixed term but looking into this I think this could be deemed an unfair clause possibly.

I suspect they want to keep you on a fixed term contract sthey can charge you renewal fees. It isn’t upto them though if you and the landlord are happy with a rolling contract.I doubt a landlord would want to loose you in the current climate so I wouldn’t worry about a revenge eviction.

I do suspect fees are at the forefront of this! They have told me landlord wants us to commit to fixed term though although I've said we would leave rather than commit to six months.

The agent wants their renewal fee. If you go onto a rolling or periodic tenancy they won’t get a fee.

Do you have the landlords details? Can you contact them directly.

I’m a landlord and when good tenants move it’s a pain. Far better to have a tenant on a rolling contract. Less hassle for everyone.

Landlord is abroad so all contact through agent which is a pain. I guess I'll just refuse to sign a new fixed term and hope they don't try and get us out in spite although as pointed out this would hurt them more

They be cutting off their nose to spite their face to evict a current paying tenant and risk having a void period, full fees payable etc. As a landlord I would be angry if my agent did this. I always let tenants go onto a rolling contract after the initial fixed term.

This happened to me, and taking advice from the moneysavingexpert forums (the Martin Lewis site), I just ignored them after the initial six months when they started making noises about signing a new fixed term. They phoned and left messages, I never replied and after a while they gave up. And I'm still here on a rolling contact 6 years later!

If they do send you a new fixed term contract to sign and you are already in a dialogue with them, just keep 'forgetting' to sign and send it. Hopefully they'd give up then. Don't take this as gospel as all agencies are different, but if you are a good reliable tenant why would they keep pushing this? i would think they'll give up.

Lol will give it a go! Hoping they will be sensible but I'm expecting a rent hike which will influence whether I choose to stay as in original email to me about new fixed term the dangled carrot for a longer fixed term was rent staying the same. Thanks everyone

So ridiculous. We rent in the city we live in and rent our house in the city we used to live in. We just let ours roll over to periodic. Tenants still there after three years!

make sure you keep that email!

id be straight on to the property ombudsman if there was any evidence that they were hiking your rent to force you to sign a contract.

As an alternative, would they be happy to amend the contract length so that it coincided with the end of your rotation?

I used to be a landlord managed through an estate agent. The renewal fee was only £35 for the tenant so I doubt it'll be the renewal fee. We did increase the rent at this time as well though.

What are the terms to give notice for a rolling tenancy to a fixed one?

I believe the notice terms for a periodic tenancy are 1 month from tenant and 2 months from landlord. On the fixed it would obviously not be possible to leave until end of fixed term so notice would have to coincide with that

I'm a Landlord and I wouldn't want my tenant on a periodic tenancy so would insist on a renewal. This would mostly be so I'd have some future certainty but also to prevent any issues occurring with tenure further down the line.

There's certainly no entitlement for a tenant to have a periodic tenancy and it wouldn't be a revenge eviction, just the expiry of your lease.

If you are just a few weeks from the end of the tenancy, then they have missed their chance to get you out at the end of the fixed term as they would have had to have given you notice at the 4 month mark for it to be 2 months notice. They can issue you a s21 now, but it won't expire until 2 full months after issued, and has to coincide with a rent period. So if you are less than a month from the end of your tenancy, you can stay for definite until the 8 month mark.

Some letting agents used to issue the s21 at the start of the tenancy but I don't think this is allowed any more. But you might want to check that you haven't already had one in which case you need to leave at the expiry of the fixed term.

"I'm a Landlord and I wouldn't want my tenant on a periodic tenancy so would insist on a renewal. This would mostly be so I'd have some future certainty but also to prevent any issues occurring with tenure further down the line."

What issues could occur with tenure Zampa? i haven't heard of this before - would be interested to know.

Yes I'd be interested too Zamba. Although I can see a periodic tenancy is less secure for a landlord I can't imagine any other issues and if we are evicted only on that basis it does seem a bit odd. We are good tenants and there is no guarantee the property would be let quickly or to good tenants (ones before us ran up thousands in unpaid bills and rent and trashed house). I've indicated we will probably stay another six months but I need to keep the flexibility in case we have to move in the next 3-4 months.

I'm a LL and have had similar with my agent. I asked for periodic because I felt they were angling for renewal fees - only to get a call saying that the tenant was now stressed that I was planning to evict them! I ended up writing directly to the tenant to clarify. She's still there, a year later.

I swear there is a gap in the market for "property rental management which isn't an estate agent", for landlords who don't want to/can't manage directly.

As in, someone who can handle all the day to do queries, sort out the oddjobs personally, and has good reliable contacts with trades for more complex stuff. In Europe they have the concept of a "house manager" for some apartment blocks wh effectively is that "someone". For the chap in my relative's block, I think they get discounted rent in exchange/as 'payment'

When you bring EAs into the mix, it all gets messy with stunts like renewal fees

There are no tenure issues regarding going onto a rolling tenancy after the fixed term of an AST expires!

If my tenant prefers one so do I because it gives me flexibility too.

I'd agree with that, I think perhaps Zampa has been bamboozled by their agents! Why not save both you and your tenant from paying those renewal fees?

Anyway you can't just expect someone to leave quietly just because their fixed term expires, if they're unwilling/unable to move out. You'd have to give notice at the correct time, and ultimately go to court if they were difficult. This will take a long time.