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Harassment to sign a fixed term, no repairs and eviction threatened

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195 views 1 replies latest reply: 10 February 2017
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Tenant

Hi,

My wife and I are shortly coming to the end of a 2nd 12 month fixed term tenency. The tenancy agreement defaults to a rolling month by month lease at the end of March. We received a letter to renew at the end of December with £192 fees to do so. I emailed the agency to say the lease goes to a rolling lease and we are happy for this to happen. The repsonse was ” your landlord requires a fixed term”. I contacted the landlord and he knew nothing about this.

I declinded to sign the further fixed term but told the agents we are happy to remaim and pay the new rent from April onwards. The repsonse was “Regrettable we wont be renewing your tenancy after the 26 March 2017”.  I phoned and they told me we have to be out of the property by 26th March. I did inform them that this was wrong as it was less than 60 days. I was told they didn’t care and they would section 21 us.

We have spoken to the local council and the cba and both told us we didn’t have to leave unless they give us formal notice with 60 days.
And we do not legally have to sign new fixed term as we have a legal rolling lease on expiry of the fixed term.

Further calls to the agency went like this….

The agents do not run tenancies not in a fixed term and will not manage the property for the landlord and because of this the landlord will seek possesion.

Now we haven’t been given notice at all and we have not given them notice but the property is now being openly marketed for new tenants.

Surely they cannot do this.

Can anyone offer any advise please?

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Tenant

You can block all access to the property under your right of “quiet enjoyment”, supplemented by the fact that you’re being extorted to either sing up and pay or leave. 

Of course, you have full rights as a tenant until you’re served with a Section 21 notice AND the two months have expired.

This is clearly harassment from the agent, HOWEVER, if the landlord takes their side and moves forward with the Section 21 notice, you can’t do anything about it. It’s their legal right to ask you to leave.

You need to negotiate with the landlord, as obviously the agent will not cooperate. 

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