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?

[HappyHippie]

Maybe what you meant is that cold weather itself won't make you sick, but it will increase your chances of getting a virus?

www.care2.com/news/member/193692282/1308613

[HappyHippie]

Another one... www.medicinenet.com/frostbite/article.htm

[HappyHippie]

www.uiltexas.org/health/info/cold-weather-illness

[HappyHippie]

specialsubject thanks for your comment. Yes the windows are in the same state, but it's too cold anyway. DD has been getting sick for two years too often and I believe this has a lot to do with it. And yes, cold temperatures do make you ill, otherwise what's the whole point of keeping ourselves warm!? www.uiltexas.org/health/info/cold-weather-illness

[specialsubject]

just let them know ASAP that you want to leave - a proper letter would be a better idea, sent by recorded delivery. Your deposit should be in a protected scheme and they can't touch it just because they feel like it. You should have the details of that protected scheme.

BTW cold temperatures do not cause illness, and the windows are presumably in the same state as when you moved in.

[HappyHippie]

Thanks longlengs

[lalalonglegs]

You only have to give a month's notice in law. Have you ever received a reply to your original email? I would send another saying that you will be moving out at the end of January, you don't have to give a reason and I think it is unlikely that they would have started advertising or showing the flat until after Christmas anywa. There is no reasonable reason that they can touch your deposit on the basis of that. If they do, take it up with the deposit company that it has been registered with.

[HappyHippie]

Sorry, what I meant to say was:

Do you think it would be a problem (to change my mind) if I've already told that I want to renew?

[HappyHippie]

Oh well, I did them, wrote to the landlord an email saying that I would be willing to stay and renew another year IF all the conditions stayed the same (i.e. no rent increase). Got an autoreply message because the person in charge was on holiday (our landlord is an agency).

However, since then it's been terribly cold. This might seem very Dickensian, but we keep getting sick because the flat is very old and the windows are not well isolated (just a very glass so have to have the heating on ALL the time, otherwise it's chilly!).

I've then changed my mind and think we'd better try to find another flat... Do you think it would be a problem if I've already told them now that I don't want to renew? Our current tenancy expires in a bit less of 2 months, so plenty of time, but I'm afraid that because I sent them that email they might touch our deposit.

Thanks!

[specialsubject]

it's all about 'reasonable'. Umpteen viewings at 3am is not reasonable. Showing a few people round is. It does seem reasonable to say that viewings can be in a certain window once or twice a week.

[MoreBeta]

The clause which states you have to allow viewings in unenforcable in law but in reality I always agree to this in return for 24 hr notice. It means good relations and a good reference but agents often try and abuse it by ringing at short notice demanding to be let in. I stand very firm on this -a rented property is your home not a hotel room.

[MoreBeta]

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.

[HappyHippie]

I wish these things were written in plain English :(

[HappyHippie]

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"

[HappyHippie]

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.

[HappyHippie]

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 :(

[HappyHippie]

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

[HappyHippie]

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)

[specialsubject]

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.

[MoreBeta]

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.