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  • FIRST POST
    • motpmats
    • By motpmats 30th Nov 17, 5:48 PM
    • 5Posts
    • 1Thanks
    motpmats
    Statutory Periodic Tenancy?
    • #1
    • 30th Nov 17, 5:48 PM
    Statutory Periodic Tenancy? 30th Nov 17 at 5:48 PM
    Hey All,

    My fixed term 12month lease on my apartment is coming to an end and Ive had the agent chasing me to resign another fixed tenancy agreement. I'm hesitant to do so, I'd ideally like to let it roll onto a statutory periodic tenancy.

    I emailed and told them this and they responded with the below:

    "Thank you for your email and thank you for confirming.
    6 months is our minimum term contract and we would need a fixed term tenancy. Tenancy agreements automatically elapse onto a statutory periodic tenancy if a tenant remains in the apartment following the fixed term end date being reached without a move out being completed or a renewed tenancy in place. However, this is there to protect landlords and tenants in case the fixed term end date elapses and a new contract isnít signed. This means that landlords/tenants need to give the relevant notice to end the tenancy. Landlords are not obligated to let tenants remain indefinitely with no fixed term in place, and in this case we require fixed term agreements.

    In certain circumstances, we will review the circumstances (we would need this request and the circumstances in writing) and allow tenants to go onto Statutory Periodic (monthly rolling) but this entails an increase of £50pcm on top of the current rent. This is also a temporary measure, and tenants cannot remain on Statutory Periodic indefinitely.

    Please let me know if you would like to proceed with Statutory Periodic tenancy."

    My question is, is it event legal for them to say I can't remain on a periodic tenancy and also being able to charge £50pcm on top of this for the luxury?

    Thanks
Page 1
    • greendoor665
    • By greendoor665 30th Nov 17, 6:35 PM
    • 44 Posts
    • 91 Thanks
    greendoor665
    • #2
    • 30th Nov 17, 6:35 PM
    • #2
    • 30th Nov 17, 6:35 PM
    Pretty much everything before and after...

    "Tenancy agreements automatically elapse onto a statutory periodic tenancy if a tenant remains in the apartment following the fixed term end date being reached without a move out being completed or a renewed tenancy in place."

    ...is a load of codswallop with no legal basis.

    They can increase the rent but only by following the section 13 process.
    Last edited by greendoor665; 30-11-2017 at 7:40 PM. Reason: corrected section 8 to section 13
    • SuboJvR
    • By SuboJvR 30th Nov 17, 6:49 PM
    • 458 Posts
    • 325 Thanks
    SuboJvR
    • #3
    • 30th Nov 17, 6:49 PM
    • #3
    • 30th Nov 17, 6:49 PM
    Best thing is to try and speak to the landlord directly; ask them if they know that the letting agent would like to try and chase a good (I assume!) tenant away, risk a void in Winter etc all to chase the tenancy renewal fee.

    The reality is that a landlord can serve a section 21 notice (two months’ to end tenancy) to evict but that doesn’t bind a person to leave. It’s only court ordered bailiffs months down the line who can get a tenant out.

    So the agents put the scare factor on, it’s their job to try and get the renewal fee and to try and secure a set commitment for their client, the landlord. But even with that in place there’s an unknown with a new tenant - will they pay the rent?? Isn’t it better to stick with the devil you know who has a proven history of paying on time and looking after the place?
    • G_M
    • By G_M 30th Nov 17, 7:12 PM
    • 42,308 Posts
    • 49,155 Thanks
    G_M
    • #4
    • 30th Nov 17, 7:12 PM
    • #4
    • 30th Nov 17, 7:12 PM
    Thre is nothing illegal or inaccurate in what they say. However what they are saying is designed to be a threat, effectively

    * yes, you can move to a SPT
    * we'd prefer you signed a fixed term (because we can charge you and/or the landlord for this)
    * by definition a SPT is less secure than a fixed term
    * in a SPT a landlord always has the option to end the tenancy (via a S21 Notice of 2 months)
    * in a SPT a landlord always has the option to increase the rent (via a Section 13 Notice)

    So it's still your choice. Now read:

    * Ending/renewing an AST: what happens when a fixed term ends? How can a LL or tenant end a tenancy? What is a periodic tenancy?
    Last edited by G_M; 30-11-2017 at 7:15 PM.
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