Renewal Of Tenancy Agreement

[tomyoung90]

My tenancy agreement runs out in September, but I am happy with the house and the landlord and would like to stay on for another year. However, the estate agent in question consists of an office full of unqualified rogues, and there is of course a fee to renew (though I cannot comprehend why, as they are doing no extra work beyond printing out the agreement again).

I have not spoken to the landlord and do not know if she intends to increase the rent. Assuming that she doesn't and the agreement would be on the same terms, I am of the belief that I could simply type out a document stating that both parties intend to carry on the existing agreement under the same terms for a further period of 12 months, alluding to the terms of the first agreement. I could have this signed by both parties and executed by deed.

I just want to get some reinforcement on this point - would I be ok to do this or will I have to copy out the entire agreement again (which won't be a problem)?

Thanks in advance for any answers.

[boxtops]

why don't you ask the landlady direct, if you have her contact details?

[tomyoung90]

Oh yeah I do intend to do that, but just want to clarify the legal position on the agreement itself. Thanks for your answer btw.

[Barmaid]

You don't need to renew if you have an assured shorthold tenancy. You just "holdover" - so the tenancy continues on the same terms as before.

The downside to this is that once you are outside of the fixed period (ie 6 or 12 months, normally), it is a lot easier to get you out if the LL decides she wants the property back.

[tomyoung90]

Thanks for the answer. You make a good point, one which I did not address in my question. I do wish to renew so that I have the security of knowing that I'm in the house for the full year.

[tonywiltshire]

As has been said your tenancy is almost certainly an assured shorthold tenancy and does not need to be renewed it continues month by month and there should be no cost involved if this was not in the original agreement, there is an advantage to the landlord/agent in them not having to seek a further tenant, taking up references, signing a new agreement, taking a deposit and still risking a poor tenant. But they can recover the property quite easily, often by the issue of a section 21 notice
(section 21 of the Housing act 1998 as amended) which is one of the mandatory grounds.

They would be required to give you 2 months’ notice to quit; there is no reason why you should have to start another shorthold tenancy. If you are a good reliable tenant who pays the rent and looks after the property the landlord/agent should not wish to lose you, talk to the Landlord or agent and inform them you wish to stay, they should be pleased.

[Peter Pedant]

.

answers as above - you may however - only you know - have an agreement/contract saying that you would renew thro the estate agency

or you are paying rent to the agent and they are passing it on to the Landlord (for a fee/percent of course).


Having said that - 90% of rent contracts in Manchester are 'run on'
however they are not quite like the old year contract in that they run from month to month (actually they run from the rent period - so if you pay weekly then it is week to week)
Lots andlots of tenants and a few landlords think the year's contract is renewed for a year. (but that is not true)

Since the landlord can get you out in eight weeks (and not at the end of the year) the s21 notice to quit has to be absolutely correct

( I was out by two days in my last s21 notice ) and that means that you have to start again. A lot of tenants who seek advice are told that the notice to quite is invalid 'and so you can stay'. However the tenants hear 'and so you can stay indefinitely. ' ....they can't - they can only stay until the next valid notice comes through

oh and you dont have to execute a deed..... a contract signed by both parties would be sufficient.

[tonywiltshire]

If anyone is really interested in the law it is the 1988 Housing Act, as amended, rather than the 1998 act.

[tomyoung90]

Many thanks to everybody for all the answers. I really appreciate you giving up the time.

I was aware before that the tenancy rolls on on a month by month basis, but didn't want the insecurity of knowing that I could be given 2 months notice at any time. However, after considering your answers I don't think it's such a bad idea - we get on with the landlord and always pay rent on time. Also it avoids her spending time and money finding a new tenant, so I'm not too worried about getting kicked out.

We pay rent directly to the landlord, not the agent. And there was no mention anywhere in the agreement that it must be renewed through the agent. Would I be right in saying that, even if it was in the agreement, it would be subject to Denning's big red hand rule as an onerous clause, and must have been brought specifically to our attention before we signed the agreement?

[themas]

I think it is more likely that any commitment requiring a renewal to be done through the agent would be in whatever contract the landlord has with the agent, rather than in the tenancy agreement. As it seems you have direct contact with the landlord it may be that the agent's only role was to let the property & do the initial agreement.

However, if the agent was involved in putting your deposit into one of the 3 protection schemes & the landlord ceases to deal through the agent it might mean the deposit has to be removed from the scheme & then paid back in (maybe to a different scheme). It is vitally important the deposit is in a scheme (it is illegal for the landlord not to do this).

If you do let the tenancy run on none of the above applies as no paperwork is needed (unless the rent is increased, in which case the landlord could prepare a simple note for you both to sign).