UK Landlord Forum / Life

My tenancy agreement ended on 23rd of August. The tenancy was switched automatically to a rollling tenancy agreement.
I requested a fixed term tenancy agreement. On the 18th of September the letting company agent emailed me stating the landlord was happy for another fixed term.
I received a text message on 3rd of October at 11am from the letting company agent stating she was going to send over the contract which will start in October, and that the landlord is happy to keep it at the same level of rent.
I received an email at 11.19am with the message 'congratulations your tenancy has been renewed' and the PropertyFile account shows the tenancy as renewed and the tenancy period shows as Oct 26th 2023 - Oct 25th 2024. At 11.31am I received the contract via email. At 12.54 I received an email stating the document was voided.

I was not given any notice as to the revocation of the contract or any communication regarding the withdawal. I emailed the letting agent at 2.56pm informing her I tried to click on the link to sign the contract but the link was broken. I received a response from her at 3.13pm informing me that she will get back to me regarding the renewal of the contract.

I called today to ask why the contract was voided, however the letting agent stated the landlord has stopped the contract going forward and will be in touch.

I would like to know if there is an agreement for a fixed term tenancy based on the emails and text messages even though nothing has been signed.

It's going to depend on the exact wording of the exchange, but I suspect that, unless it's very specific, it won't really help you.

There does sound like an agreement for a new fixed term contract (and probably at the same rent). But unless there was also an agreement that all of the other terms would be identical, it would be very easy to include something in any contract offered that you would find unacceptable. So, without you having been offered a new contract and agreed it, I don't think the agreement is for anything other than a new contract that has a fixed term and the same rent. Which is better than nothing, but it's not a fixed term contract with terms that you have actually agreed.

Is there a particular reason you want a fixed term contract? None of my tenancies have fixed term contracts, and that doesn't seem to cause any issue that wouldn't arise if one existed.

Quote from: jpkeates on October 04, 2023, 01:11:02 PMIt's going to depend on the exact wording of the exchange, but I suspect that, unless it's very specific, it won't really help you.

There does sound like an agreement for a new fixed term contract (and probably at the same rent). But unless there was also an agreement that all of the other terms would be identical, it would be very easy to include something in any contract offered that you would find unacceptable. So, without you having been offered a new contract and agreed it, I don't think the agreement is for anything other than a new contract that has a fixed term and the same rent. Which is better than nothing, but it's not a fixed term contract with terms that you have actually agreed.

Is there a particular reason you want a fixed term contract? None of my tenancies have fixed term contracts, and that doesn't seem to cause any issue that wouldn't arise if one existed.

The reason for the fixed term contract was purely for peace of mind. Considering how long it's taken for the landlord to agree to the fixed term and the countless emails I sent prior to the 18th of September chasing for a response, and now his subsequent withdrawal of the contract, I anticipate he wants to either sell or let to someone else.

However on the propertyfile account the tenancy dates are stated until 25th October 2024. Would the dates of the tenancy period not show this as a fixed term?

Quote from: tenant2024 on October 04, 2023, 01:02:24 PMMy tenancy agreement ended on 23rd of August.

At 09:44 I read all of this and thought - but nothing ended, you have the same tenancy that is now Statutory Periodic. Enjoy that. The notice periods are long enough and then any subsequent follow-on procedures too, if you stay-on beyond that and it progresses to Court, that you'll be there longer than a year more even if you receive a Section 21 notice at 11:49 today.

New fixed terms are not usually desirable for both Landlord and Tenant. It's obviously security vs. flexibility, but we live in strange times and with a SPT you actually have both, in the real world anyway. New fixed terms are headaches for Landlords.

Quote from: Hippogriff on October 05, 2023, 08:48:40 AM

Quote from: tenant2024 on October 04, 2023, 01:02:24 PMMy tenancy agreement ended on 23rd of August.

At 09:44 I read all of this and thought - but nothing ended, you have the same tenancy that is now Statutory Periodic. Enjoy that. The notice periods are long enough and then any subsequent follow-on procedures too, if you stay-on beyond that and it progresses to Court, that you'll be there longer than a year more even if you receive a Section 21 notice at 11:49 today.

New fixed terms are not usually desirable for both Landlord and Tenant. It's obviously security vs. flexibility, but we live in strange times and with a SPT you actually have both, in the real world anyway. New fixed terms are headaches for Landlords.

Kudos to you! That made me giggle, and I've not laughed as much since this whole thing started. So thank you for that! The only option is to ride it out. I've contacted citizen's advice.

Quote from: tenant2024The reason for the fixed term contract was purely for peace of mind. Considering how long it's taken for the landlord to agree to the fixed term and the countless emails I sent prior to the 18th of September chasing for a response, and now his subsequent withdrawal of the contract, I anticipate he wants to either sell or let to someone else.

It would be odd to want to rent to someone else instead of continuing with an existing rent paying tenant. If the tenant wants to sell, that might explain it.

A third option is the fee that the agent is likely to want to charge the landlord for a new tenancy. One of the reasons landlords don't like renewing tenancies is that a) if they use an agent they charge an arm and a leg and b) there are often new requirements that arise when a new tenancy exists that don't apply to existing or periodic tenancies.

QuoteHowever on the propertyfile account the tenancy dates are stated until 25th October 2024. Would the dates of the tenancy period not show this as a fixed term?

No.