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We have been renting a property for nearly 2 years, we are now around 3 weeks from the end of our second 12 month contract (it runs Sept - Sept.)


Our circumstances with work are likely to change in the next 6 months, which means we will need to relocate - but we are not sure when. We expect to be likely to move between March - July 2011.


We have received a letter from our estate agent (not landlord) requesting us to sign up to another 12 month contract (with 6 month break clause), or to take the letter as 1 month notice.


We would like to stay in the property on a month by month basis, until the time we can confirm our plans - we can give the LL 1 months notice (even though the letter was received 3 weeks before the end of contract...)


We have not been served with an S21.


Are we right to approach the estate agent and reject the 12 month extension, and instead request to move to a "rolling" month to month contract?


We can tell the LL that we might be moving between March - July next year, but we cannot commit right now - and nor can we commit to a 12 month contract.


Any advice very welcome please - we dont want to end up paying double the rent, in case we end up moving (paying on 2 places for several months by signing up for another 12 months) and likewise we dont want to move - as we have been good tenants for the past 2 years! Even the 6 month break clause is not a great option, because we might move in June / july next year, again meaning paying double the rent for several months.


Thanks for any guidance.



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I am assuming that your rent is not in excess of £25,000 per annum.


The idea that the agent thinks you should "take this letter as one month's notice" is absolute nonsense. By law, you must be given at least two months notice in any case.


Have you spoken to the agents about your situation? or are they not easy to deal with (despite not knowing the law....)?? You may be able to negotiate a deal with them to sign a 6 month AST to then roll over to a periodic tenancy thereafter - that would give the LL six months stability and should just about fit in with your timetable. You are entitled to know your landlord's name and address and if you write to the agent they must provide it - you could then perhaps contact the LL directly if you feel you are not getting anywhere with the agent.

Kentish Lass

Information given is based on my knowledge and experience and is not to be considered as legal advice

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Rent is less than £25,000 a year.


Thanks for explaining the notice period - its good to know we have at least 2 months, in the event the LL wants us to leave.


We have explained our situation to the agents (they seem ok, but I think keen to make money from us) and they are discussing with the LL, and will get back to us tomorrow. If I dont get a satisfactory response, I will contact the LL directly and explain.


One more question - if the LL agrees to a monthly contract, are the estate agents allowed to charge their fee (which is about £50) to draw up a contract? Or would we even have a new contract if we move onto a monthly one, as I thought this was the default at the end of a 12 month tenancy.


Thanks for your help, I will let you know how I get on.

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A statutory periodic tenancy is what you get by default at the end of a normal tenancy, so no you wouldn't be liable to pay the agent for drawing up a contract which you don't need anyway

They're just trying their luck



Unfortunately i'm not an expert in any given field legally and my advice and that of the Consumer Action Group and the Bank Action Group is given without prejudice and without liability so please if in any doubt whatsoever seek help from an insured qualified professional. Contents of my posts are purely my own personal opinions and not condoned or endorsed in any way, shape or form by CAG. Thank you! :p



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