Advice Re Renewing Contract Please

[angry cat]

Hi

I moved into a rented house last October, the contract was for six months, but both the letting agent and landlord (owner of the house) stated verbally that the let would be renewable.

I had to pay six months rent in advance, plus deposit because my credit rating had been ruined by the banks who I have been in dispute with over charges.

Now to the crux of my question...my contract is for six months with a two month notice. The 6 months is up on April 12 but to date I have not been sent a new contract to renew. Where do I stand legally with my rented house, I want to renew for another six months, but time is running out and there is just one month left now!
Will I have to move out on the 12 April which is the date that the 6 month tenancy is up?
I have not been given notice and I have not been offered a new contact.

Incidentally the house is not being managed by the letting agent who is holding my deposit.

Please advise me as to my rights, I am not very up on house rental.

Thanx
AC

[callumsgran]

They may not renew but let it roll onto a statutory periodic tenancy, which means they could then give you 2 months notice to quit at any time.
But if they do ask you to sign an extension they may ask for a renewal fee.
Sounds to me like you should hear soon but my guess is the landlord is happy for you to stay on.
Either way i dont think you have anything to worry about

[martinhw]

It's funny how in life there is someone in the exact same position as you are somewhere in the world. This is the letter I sent to our letting agency recently.

XXX Property Management



05th February 2007

Dear XXXXXXX,

RE: Our Address
Our current lease agreement is due to expire on the 23rd March 2007. We would like to confirm our intention to continue leasing this property. Could you please clarify the position of our landlord regarding this matter. Ideally we would like an extension for at least a further 12 month period.

Furthermore, we have paid a deposit equivalent to six months rent at the start of our contract. We have over the period of our agreement to date not been late with or missed any rental payments. We have also maintained the property to the required standards. We would therefore request to be released of our current deposit obligation to reflect the standard deposit required under normal circumstances and rental agreement.

We trust you will negotiate our request with our landlord and advise us accordingly.


Yours Sincerely,




US

The outcome of the letter is we have now signed a new lease for 12 months and we have been released from our 6 months deposit. As our landlord has spent or used the nice 4K deposit, we do not have to pay rent until August 23rd this year, as they are unable to refund it immediately.

[callumsgran]

Wow good for you martin

[knoxvillain]

naughty landlord is meant to keep your deposit in a seperate account and NOT use it for anything

Glad you got it sorted out though.

[angry cat]

Thanks cillitbanger and...
martin for your advice, I will use your suggested letter after amending it to suit my own situation.
My position is slightly different to yours, as the letting agent is holding my deposit, which is 2 X monthly rental but because the agent is not managing the property I have to deal with the landlord.
I paid the landlord 6 months rent up front last october and now my contract is due to run out next month April and there is a 2 month notice written into the tenancy agreement.
As previously stated I have not been contacted by either the landlord or letting agent regarding renewing the tenancy, neither have I been given notice...quite unsatisfactory really as the situation makes me feel uneasy and unsettled, plus I am hoping that they will not insist on another six months rental in advance.

Anyhow, I'm glad marting that your situation worked out for you.

AC

[martinhw]

AC - Good Luck. Am holding thumbs for you.
Keep us posted on the outcome.

[angry cat]

Hi Guys-

I have now sent 4 letters with 14 days in between each-
2 letters to the letting agent and...
2 letters to the landlord.

My AST contract expires next wednesday 11 April and it has not been renewed!

Landlord is not using letting agent anymore although they hold the deposit.
Letting agent has written to landlord but their letters have been ignored by landlord.

The only communication that I have received is from the landlord, which reads as follows-

"Thank you for your letters of 8 and 15 March.

I confirm that we are happy to renew. The length of renewal would be for six months with an understanding that it will be renewed for a further six months.
I will send you a new agreement at the weekend (Landlord did not send the agreement and that was two weeks ago)
I will come over to the house so that we can exchange the copies. (landlord did not come) I am advised that I should go through the formality of an inspection".

Landlord has not visited the house, no contract, no exchange of copies!?

Of course this is all very unsettling, as after wednesday 11 April I will not have an contract because it expires.

Please advise and...could the above letter be taken as a kind of contract?
it says that the landlord is happy to renew, but has not.

Love AC

[Joa]

Dear AC; option 1- landlord doesn't come, contract doesn't arrive- your tenancy, as of 12.04 will be a periodic tenancy, which is neither much worse or much better then assured shorthold- although you are never certain for how long you can stay as the term is not defined. However, there would some strenght in an argument that AST was created due to landlord's letter.
Option 2: landlord comes, contracts are exchanged, landlord offers tenant a new agreement.
The replacement tenancy can either be:-
a new fixed term. Your security of tenure will then be the same as with the original agreement, so you do not necessarily have to move out when it ends; or
a new periodic tenancy. If you are an assured shorthold tenant now, the landlord will then have a right to gain possession of the property at any time provided he has given two months' notice.

[angry cat]

Thanks for your response and advice Joa!

I have still not heard a thing from the landlord, with exception to the above stated letter...all is earily silent?

My contract that expires on Wednesday 11 April 2007 does actually have a two months notice from either party written into it. However, when I took the house I was advised that it would be available for 2-3 years but it now appears that unless my assured shorthold tenancy contract is renewed, I will go onto a rolling or periodic tenancy.
Meaning that I could be given two months notice at any time!?
This is of course not acceptable and extremely unsettling.
Nobody could live like that

I do hope that the landlord keeps to the word of his letter in that "We are happy to renew"

The clock is ticking and I am sorely tempted to look elsewhere for a more secure home but I am afraid of jumping the gun-
The thought of moving again after only 6 months horrifies me.

AC

[Joa]

Meaning that I could be given two months notice at any time!?

Sadly; yes
Are you able to contact the landlord?

[angry cat]

Hi Guys this is an update-

Still nothing from my landlord re my AST contract renewal which expired yesterday...landlord has gone deathly quiet???

All that I have is the following letter which was written to me 20 March 2007-

"Thank you for your letters of 8 and 15 March.

I confirm that we are happy to renew. The length of renewal would be for six months with an understanding that it will be renewed for a further six months.
I will send you a new agreement at the weekend (Landlord did not send the agreement and that was two weeks ago)
I will come over to the house so that we can exchange the copies. (landlord did not come) I am advised that I should go through the formality of an inspection".

Landlord has not visited the house, no contract, no exchange of copies but I do have the above letter...could it be legally argued that the letter could be taken as a kind of contract?

I am also now somewhat nervous regarding my deposit which was paid out 6 months ago, prior to the new rules re deposits. The deposit was factually paid to the letting agent as stakeholder. However, the landlord is not using the agents services now.

AC

[Joa]

Hi AC, what a nuisance
With regards to your deposit, as blazing-badger said in another post: "According to Directgov the TDS will apply:
Replacement tenancy - i.e. a new AST is created between the same landlord and tenant for the same property on substantially the same basis, – TDP will apply to the initial deposit that was paid prior to 6 April 2007."

As for the kind of contract that you have now, I would call your local housing advice provider Shelter: Advice services directory and get their opinion/

In my opinion you have AST, not periodic tenancy, as the landlord clearly ha an intention to renew your current AST and you accepted it.

Any other coments?

[angry cat]

Thanks Joa, I really appreciate you helpful advice and support.

I will contact Shelter as you suggested tomorrow regarding my position and thereby obtain their view.

The only other comment that I can make is that I have set up a standing order to ensure that the next 6 months rental is paid, the first of which has already gone into the landlords bank account.

I never realised that renting a property could cause such stress & worry...it really should be just plain sailing. Clearly, after reading some of the other posts and my own experience shows that renting is a minefiled!

After I have obtained advice from shelter, I will post their opinion.

Love
AC

[Joa]

AC- ask also if the new tenancy is valid because the old one has not finished properly. If the old tenancy was periodic (as it seems) it still should have been terminated somehow. Unfortunately I am not at work so cannot ask our resident legal eagle and I am only an educated parrot meself
(but don't worry, all my previous advice was correct because I only post stuff if I am 100% sure )

[angry cat]

I will because as you say the old 6 months tenancy has not finished properly...meaning that I have not been given the statutory 2 months notice and yet I have not been provided with a renewal contract, just a letter stating that the landlord is happy to renew. However, as previously stated I have set up a standing order for the rental, of which the first month has been accepted (not returned)

Quite a peculiar situation!

Anyhow, will advise after my phone call to shelter tomorrow.

Love AC