Advice on renewing tenacy | The Tenants' Voice
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Advice on renewing tenacy

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421 views 1 replies latest reply: 10 January 2017
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Tenant

Hi, 

Me and my partner have been renting our flat in South East London for almost 2 years now. The tenacy is coming to an end, and we are dreading a rent increase. Our rent was a little high when we took on the property; 2 other flats in our block have been up for rent for £50 and £150 a month less then ours in the past year. We have approached our landlord to ask if we could renew for another year, and they said they’d be happy to, but to talk to the lettings agents. 

Does anyone have any advice for the best way to manage this? We really don’t want to get into a struggle with the lettings agents, but they’ll almost certainly be telling the landlord to put the rent up. We are very good tennants, so I’m assuming they wont want to lose us. We are trying to save for a mortgage so every bit counts at the moment, but we are also thinking that if they do put the rent up, then we may leave our tennacy to run out, and continue on a periodic while we look for a house to buy. I understand that the landlord could and probably would then serve us a section 21 to get out, but what are our right to stay on a month by month basis while we complete on a mortgage? 

Thanks for any advice

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Tenant

Hello, 

If the landlord wants to put the rent up, you can either say yes, or not sign the agreement. The following can steer the landlord into evicting you, by first serving a section 21 notice. However, the s21 is not an eviction notice, it asks tenants to leave and is required before the eviction begins, but it’s not an eviction in itself. This means that you can stay after the s21 expires. 

The landlord has to go through the courts, the county bailiffs and do a bunch of time consuming and expensive activities. Then, when you get evicted, they have to get the property in shape (assuming you did something to it), market it out and get new tenants inside. This is a very very costly endeavour and for 20 on top of your rent, it’s often not worth it at all. 

Most tenants, of course, don’t know this and just give up. But you have a lot of value as a tenant who is currently providing income. Most landlords can’t afford to not get rent for two or three months. Use this to negotiate with the landlord if worst comes to the worst. 

As far as your rights, you have just the same as any tenant in AST. Here is more info on those:

http://www.thetenantsvoice.co.uk/advice_from_us/rent-increase-and-section-13/

http://www.thetenantsvoice.co.uk/advice_from_us/section-21-notice-to-quit/

http://www.thetenantsvoice.co.uk/advice_from_us/tenancy-agreements-assured-shorthold-tenancy-ast/

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