UK Landlord Forum / Life

Hello, I've been renting the same property for nearly twelve years on a fixed AST renewed every 12 months. The property was owned by an elderly gentleman (The Landlord) who had it managed by agents for him. He has now died and it has gone over to his son who will now be my landlord. I have two months to run to when my next tenancy is due to be renewed. Which has been agreed by the new landlord, however, he has decided not to use the letting agents of 12 years and move me to another. This makes me feel very vulnerable, as of yet, I have no idea of what happens to my current tenancy agreement, rent I pay etc. With only 8 weeks to go I have not been presented with any changes to renting this property, so is it safe to say as I've received no notification of any changes, written or verbal that it would be unlawful to present me with changes/rent increases without formal notification of at least 8 weeks before my tenancy expires?

The letting agent they have chosen I would never go to to rent as they are incredibly expensive and I'm not a wealthy woman. Tenancy renewal is between £125-£150 depending on length of tenancy, And holding fees are in the region of £2000, both of which I could never entertain. Again I have had no notification from my new landlord ( who does seem very nice) of any money I will have to pay to a new letting agent. Which to me feels rather lame, especially as I have looked after the property as my own - which the landlord is delighted with. I have had a loft and cavity wall insulation put in, redecorated every 18 months inside, laid flower borders, put in trees, rose bushes, Poppy's, Buddleia, fruit tees etc in front and back gardens . The property is completely unfurnished, only items belonging to the landlord are carpets 12 years old ( which need changing) cooker and kitchen units, everything else is mine. Can someone please advise me where I stand? Thank you

Just to be blunt (forgive me) but a lot of the text in your entry is noise... what really matters is that you have had a change of Landlord and you are to have a change of Letting Agent (or have already). You are worried about the implications.

In your eyes the Agent and Landlord are as one. The Agent acts on behalf of the Landlord. You are not being moved to another Agent, the Agent is not your choice or responsibility. Yes, you might have originally gone to see an Agent to find a property and they may have taken money from you - but the Agent does not work for the Tenant, the Agent only works for the Landlord. And, yes, the Landlord is free to employ whatever Agent they want.

Hopefully that makes who is responsible for what and who works in whose interests very clear.

Your current tenancy continues as-is. A change of Landlord or Agent does nothing to this. The Landlord (or Agent, as they are one in your eyes) can certainly ask you to sign a new tenancy agreement, but you do not have to.

Likewise, the Landlord can ask for a new rent amount - but that's no different to what the old Landlord could have done at any time either.

If you want to, you can move to a Statutory Periodic Tenancy (rolling month-by-month) after any current fixed term (it seems like you are having annual renewals?) but the notice period from either side is then shorter (2 months for a Landlord and 1 month for a Tenant) but all other terms remain the same.

I do not know that it is unlawful if someone presented changes to you in an 8 week timeframe? Where have you heard this?

I would not be panicking unduly about this, but it would be good if you could get inside the new Landlord's head on what their plans are, and your concerns, but - obviously - if the death is recent, the new Landlord may still have other things on their mind. Is there an ability for you to communicate directly?

Thank you for the reply..."Just Noise" eh  sorry but obviously I have an emotional viewpoint, but of course that is of no purpose. I do appreciate your reply. I have already met with the new landlord, we spent over an hour together, but no mention of any financial matters which surprised me. Nothing about any rent rise, fees to the new agent. The property has been in the same family for over 40 years and is kept for sentimental reasons. I guess I will need to wait and see what transpires over the new tenancy period of 12 months. I can afford a mortgage, but at 61 I can't get a mortgage to secure a home as I can't repay it within 4 years and I have no private pension funds. I know more "white noise" but I'm not looking for a let, I'm looking for a long term rental without having ask or renew a contract every 12 months, sadly the UK is not geared towards long-term rental, it's always behind every other country... Thank you.

Of course you have emotions and an attachment to a property that you've lived in for 12 years, anyone can understand that. I'm just saying it's noise in respect to the questions you're asking, which will have black and white answers. No-one cares if you've spent your time planting various flowers in the garden... therefore, it's just noise. It was not meant as an insult to you personally, I was just saying it's completely irrelevant and you wasted your time and clouded the issue in writing it. I had to wade through your post and try to figure out what was pertinent - it certainly wasn't the flowers!

What astounds me is that you met with the Landlord for over an hour and you didn't ask any questions that were important to you? Is that right? If so... lost opportunity. Why ask strangers on a forum for their views when you could have got the information straight from the horse's mouth? Daft.

Quote from: Suzanne511 on February 03, 2015, 11:04:30 AMsadly the UK is not geared towards long-term rental,

I'd say this is true.

Quote from: Suzanne511 on February 03, 2015, 11:04:30 AMit's always behind every other country...

I'd say this is not true.

Can I get clarity on this?

Have you been re-signing new tenancy agreements every year or did you sign, for example, one tenancy agreement 12 years ago that has since become a statutory periodic tenancy?

Thank you again - I wasn't insulted by what you had said, far from. I should and need to be less emotional on this matter, time for that when I understand where I stand for the future. You are absolutely RIGHT that time was wasted when I met the new landlord and his wife not to discuss money, the agreement itself. However, it was difficult to approach as he had an "emotional moment" crying at seeing and stepping inside his Father's old home and the memories he was relating to me. Additionally they kept on saying how much they wanted me to stay, how they appreciated what I had done to the property and how they intended to update the property over the next two years. It all happened in a whirlwind, and once he was emotional I lost my thread of being objective. I have just been informed by them I won't be expected to pay an admin fee of £150 on "this occasion" for changing over...on this occasion, so that tells me already if I want or can stay after the next 12 months I will be expected to pay this £150 fee because they wanted to change letting agents. If you know of any good landlords who would like an excellent tenant with excellent references, and an excellent financial record who would be willing to let for 3 years at a time in the oxfordshire area, please let me know. Thanks for all your help.

Good.

At least £150 per renewal is not an outrageous amount and it is something you can plan for. I know it's money for old rope but if you can include it in your budgeting then it just becomes part of living your life.... £3 per week if annual, £1 per week if you manage to get them to give you a 3 year tenancy agreement... would seem strange if not (they could include a break clause if they were uncomfortable with the length) a it would be simple and secure for both sides.

YOU ASK;
Can I get clarity on this?

Have you been re-signing new tenancy agreements every year or did you sign, for example, one tenancy agreement 12 years ago that has since become a statutory periodic tenancy?
Your question:

I have been re-signing new tenancy agreements every 12 months, which I hate, as you have to ask at the ten month mark IF you still have a home at the end of 12 months, if the landlord will extend. It is no way to live, may be as a stepping stone to buying, but as a way of life! Sorry NO..( more noise 

I have a nice place coming up in Barnsley... but that's not for everyone (Barnsley).

Quote from: Suzanne511 on February 03, 2015, 11:34:01 AMI have been re-signing new tenancy agreements every 12 months, which I hate, as you have to ask at the ten month mark IF you still have a home at the end of 12 months, if the landlord will extend.

Got it.

Was a deposit paid at the beginning of the tenancy?

Was it protected in a approved deposit protection scheme at any time? Have you been served any information regarding the deposit (what we call Prescribed Information)?

I ask this because it is a legal requirement for Landlords to do this. It was conceivable (to me) that your new Landlord may have realised that the old Landlord did nothing in this regard and possibly wanted you to move on in the hope that this problem (for him) would go away. However, it seems that this was in no way the new Landlord's intention.

That was the reason for my question.

Well I do feel £150 is a lot - my old agents made no charge for long-term renters only those in properties under 3 years. If and when a fee was paid it was only £50.

I have not been forewarned as to whether I will need to find some holding deposit for this new letting agent. Which would seem fruitless to me as I'm already in the property, it's only on-going, and the landlord owns only the cooker and kitchen units. But I guess something else I will have to absorb as the time goes along to suit the landlords. This country really needs to look into long-term renting as less and less people are able to get on the property ladder.

You ask about a holding deposit to the original agents - YES, and it's protected and I have a separate document outlining my rights on this. The old landlord was lovely - and the letting agents are part of the TDS letting scheme, property ombudsmen, plus two other accredited organisations.