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Thomas
Thomas, Lawyer
Category: UK Property Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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I have a tenancy in place for the property we have been renting

Resolved Question:

I have a tenancy in place for the property we have been renting for the last two years. We paid late twice at the start of year 2. Year one we paid in full in advance. All other payments have been made ontime.

The tenancy is due for renewal and the land lady (via her agent) wishes to increase the rent and implement a number of new terms in the contract.

I agreed with a number of these but refused to accept certain others. She then came back (via the agent) with a new proposal that matched my preferred terms.

I accepted this proposal via email.

I received an email this morning from the agent that she has decided to refuse to renew the tenancy and wants to advertise the property on the open market.

I would like to know what right I have relating to the renewal of the tenancy.
Submitted: 3 years ago.
Category: UK Property Law
Expert:  Thomas replied 3 years ago.

Hi

Thanks for your question.

To enable me to answer your question could you please respond to the following:-

  • 1. When does the fixed term of your current tenancy agreement expire please

Kind regards.

Tom

Customer: replied 3 years ago.
24/07/2011
Expert:  Thomas replied 3 years ago.

Hi

Thanks.

1. Is the agreement an assured shorthold tenancy agreement

 

2. Have you received a s21 Housing Act notice requiring possession

 

Kind regards.

 

Tom

Customer: replied 3 years ago.
Yes and Yes.

Letter from the agent dated 16th May 2011.

However we received the same letter last year 2 months before the renewal date and the agent claimed it is their standard policy to send these letters out in case there are problems with the renewal.

Regards,
Jaypaul.
Expert:  Thomas replied 3 years ago.

Jaypaul,


I'm afraid if you have been served with a valid s21 noticie requiring possession at the end of the fixed term then you will have to leave the propertry is you are not willing to take a tenancy based on their new terms.


They are permitted to offer the terms they see fit, your period of occupation does not afford you any rights in regard to preferential renewal but you remain free to either accept or reject the terms. That is your prerogative.


If you stay in the property after the fixed term then they will apply to court for an order for possession and sue you for the rent you should have paid until you are evicted aswell as their costs.

 

Sorry it could not be better news.

 

If this has been useful please kindly click accept so that I may be rewarded for my time. If you do not click accept your money stays with the site and I do not receive any credit for the time I have taken to answer your question.

 

I will answer your follow up questions you may have.


Kind regards,


Tom

Customer: replied 3 years ago.
I didn't decline the her latest offer. I accepted it.

The agent emailed with.
"
Dear Mr Barrow,

I've heard back from the landlord and she will renew on the following basis:

£850 pcm with the two month notice period to both parties as suggested in your email below.

She would require the rent to be paid on the rent date of 25th of each month- will this be possible? Is there anything you can suggest?

The guarantor would also have to be in place as well (as is at present).

She also had a boiler service booked for 12th May but the contractor was unable to undertake the work as the tank is empty with no oil. Have you arranged for the tank to be filled as she would like to have this done. She is concerned that additional work might be required with the service to clear through the pipes and feels that any additional costs, if any, of not having oil in the tank be met by you.

I expect you will wish to speak to your partner about the proposal and I look forward to hearing back from you.

Kind regards,
Malcolm"

I replied.

"
I can do the 25th as a payment date as I have sufficient balance to cover the interim. The payments are made via bank standing order and this can take three days to clear to your account. The contract would start on the 25th and, since you hold 2 months deposit, this would be the day I would make the payment. It should be cleared with you before the end of the third working day after the 25th. There is not much I can do about the clearing days, it may be faster it depends on the banks in question.

I have no issues about the guarantor.

I can't comment either way about the oil. There does not appear to be a contract requirement to keep the tank topped up. It would be damn near impossible to make sure we always have oil as there is no indicator system fitted to the tank.
"

Then I received a reply,

"
Thanks for coming back to me and clarifying about the rent periods.

I emailed the landlord this morning and put your proposal to her and explained that you have been flexible on the rent dates and payments.

She has taken everything into consideration and I'm afraid has decided not to renew the tenancy and instructed us to remarket the property. Her initial offer was made in good faith but I have to take her instructions and am sorry that she does not wish to renew.
"


Expert:  Thomas replied 3 years ago.

Hi Jaypaul.

 

Having read the exchange I'm afraid my advice still stands. That correspondence is technically a negotiation only. There is not a sufficient offer there which you could claim was concluded by any acceptance by you unfortunately.

 

Sorry it could not be better news. I trust this clarifies and should be grateful if you would kindly click accept.


Kind regards,


Tom

Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6444
Experience: BA (Hons), PgDip, Practising Solicitor
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