Rent: notice to quit?

[HappyHippie]

Our tenancy is due at the end of January, however we've just received a letter from our landlord's agents, asking us if we want to renew the contract. We are not sure... would like to have a look around, but in our contract doesn't say what the minimum notice is. Does anyone know how the law goes?

Also, last year they increased the rent, is it normal to do it every year? Any tips on negotiating this?

I thought the norm was 1 month for the tenant..2 monthd for the landlord.

As for rent increase, that's up to the landlord. We lived in a house for 3 years with no rent increase..than they wanted a £100pm increase in one go!!

Thanks SkipTheLight, that was fast! :)

I wish I could be sure about the months notice anyway... I know the agency will start calling us like crazy in a week time or so, like they did last year, until they hear a response.

If your contract is up, expect to have to vacate when it's up!

It is a strange contract if it doesn't say what the notice period is. Next time make sure it does stipulate.

LL can do what they like with rent increases unfortunately. It is common to have RPI or CPI-linked rise in contract. Exception to this is if you are some sort of protected tenant but not man of those around now.

I would ask shelter for advice - they are brill.

You don't have to renew the contract, or pay the fees you will inevitably be charged. If you don't sign you will automatically go onto a statutory periodic tenancy. The agents can't stop this happening, unless they serve notice and, if you're good tenants, they'd be mad to do that. Google it for more info.

nocake, that's great! Googling it now

And yes, I'd say we're brilliant tenants. Always pay rent on time and look after the property like it was our own

Thanks! So what do you suggest, should I just stay mute and avoid their calls? Doesn't seem OK :( They will be calling and writing letters, wanting to hear from me before tenancy expires.

There are downsides to a periodic tenancy, surely. You are going to have no fixed term and the landlord can have you out pretty sharpish.

What if I write them a letter saying I'd be happy to stay IF they don't put up the rent and if they carry on some maintenance like refreshing the walls?

HappyHippie - this annoys me intensely when agents try and con tenants into signing a new contract and paying a fee after 6 months.

Assuming you are on an Assured Shorthold Tenancy in England you are under no obligation to sign a new contract. Once the initial 6 months term expires you automatically go on to a Periodic Tenancy which is a rolling contract with the LL obliged to give you 2 months notice.

You do not need to sign a new contract or agree to raise the rent. If the LL does not like it they have to give you proper 2 months notice.

Look at the detailed rules on the Shelter website here.

the agents are writing now because if you are planning to leave, the landlord will want to give YOU the notice to make as sure as he can that you are definitely going, as he will need to remarket the property. His notice is 2 months so he needs to know now. Yours is 1 month but it would be helpful to decide what you are going to do. If you want to stay, but change something, get in touch NOW.

if you do nothing you go on to a rolling month by month notice arrangement, although if the landlord/agent are any good you'll get a new tenancy to sign.

if the tenancy does not specify a rent increase he can do what he likes - if he charges too much you will leave which he may, or may not want.

the normal deal is that rent goes up in exchange for landlord doing something, or rent stays the same in exchange for tenant doing something. Rent staying the same and landlord doing something is unusual.

Thanks guys! There is however a clause in my contract that says that the LL is allowed to show the flat the 6 weeks before the rent expires (giving reasonable notice)

Toughasoldboot, did you mean you had put up the rent in the last six years to cover the interest of your mortgage?

Oh, but that's because you're a decent person. My LL is a profit-driven agency, and even though I really love the flat it's never fully felt like a home to us :(

Don't get me wrong, you would still be decent if you had put the price up to keep up with interests... but what I mean is that you value a good tenant and that there is a more humane relationship.

So I think at the moment the best thing for me to do would be to get in touch directly with the LL (skip the agent) and let them know we want to stay another year. Then wait for their response and if they want to put price up, ask for works in the flat.

or

I could not do anything, go into statutory tenancy (assuming the LL doesn't give me notice) which is bad because they could terminate it at any time (with 2 months notice) but also good because we could do the same if we find a place we like better in the future. However, I am concerned about the clause in our agreement that says they have the right to show the flat to potential tenants 6 weeks before it expires.

I'll copy it here:

"permit the LL his Agent with or those with written authority from the LL or the LL's Agent upon giving reasonable notice during the last six weeks of the tenancy in the event of the LL wishing to sell or otherwise deal with its reversion at reasonable times of the day to view the property by prior appointment and upon the signing of this agreement the tenant gives consent to their names and telephone details being made available to the LL's agents"

I wish these things were written in plain English :(

It is true many amateur LL who got into buy-to-let have no idea about the law and agents just take them and tenants for a ride demanding fees for lease renewals that are not necessary.

Your LL may be perfectly happy but has no idea that they dont need to pay for a renewal. I would contact the LL direct and just tell the LL to get the agent to back off. Copy the Shelter website I linked to your LL.