Tenancy Agreement ended...now what?

gazfocus

In May this year, I moved into a rented house (through a letting agency). For a couple of reasons, I paid the 6 months rent upfront.

A month or two after moving in, I had a letter saying the property was now being managed by another letting agency. I promptly phoned the new LA to ask what would happen about the rent I'd already paid and found that it was the same people, just under a different name. However, because I had already paid upfront, I didn't receive any payment details for the 'new LA'.

My tenancy agreement ended on Sunday and I've not heard anything from the LA. In fact, I've not really heard anything from them since I moved in. No 3 month check, no repairs to the problems I've reported, etc. Anyway, the tenancy agreement contradicts itself in that in one part it says that 2 months prior to the end of the tenancy, they will contact me to ask if I want to stay in the house, and in another part is says after the tenancy agreement I'll be on a rolling contract.

So, my questions:

1) Can they kick me out for not paying rent if they have not provided payment dates and payment details (acc number, etc)?
2) Can I demand (if that's the right word) a set tenancy (i.e. 6 months) rather than accepting a month by month rolling contract?

Thanks

DawnW

For question 1, probably yes, but you would have to be 2 months overdue before they could issue you with a section 8 notice. This should be ample time to sort it out. You may have to chase them - they sound pretty useless.

For question 2, no you cannot demand another 6 months. Many tenancies go on to periodic, or rolling tenancies after the AST period (usually 6 months but can vary). Many tenants prefer this, as greedy LAs do not demand fees for another set of checks etc. They would have to give you 2 months notice via a Section 21 notice, which has to be worded correctly and served at the right time to be valid, if they want you to leave. If you decide to leave you need give only 1 months notice.

Is your deposit in a protected scheme if you are in England or Wales?

Colincbayley

DawnW wrote: »

For question 1, probably yes, but you would have to be 2 months overdue before they could issue you with a section 8 notice. This should be ample time to sort it out. You may have to chase them - they sound pretty useless. ( Sorry but no. If you have two month rent UNPAID not overdue, then the LL has the right to use ground 8, section 8 of the housing act. In practice that means that your rent must be over due by a month and a day.The notice period required under section 8 is only 14 days. In addition, he/she may also use a section 21 notice given you two clear months notice to leave)

I really don't see what your problem is here, if you want to stay, phone them up and say give me your bank details I want to pay you rent, if you want to leave, give them a months notice.

theartfullodger

I beg to offer a different, perhaps worrying, view to dawn...

Having paid 6months rent in one lump the operations director of ARLA (!!! of Residential Letting agents) and others believe this means the period is now 6-months. So what?? Well that means that rent carries on being payable 6-monthly after the fixed term and all notices eg to quit - you or landlord) may need to be up to 6 months..

Cheers!

Lodger

Colincbayley

theartfullodger wrote: »

I beg to offer a different, perhaps worrying, view to dawn...

Having paid 6months rent in one lump the operations director of ARLA (!!! of Residential Letting agents) and others believe this means the period is now 6-months. So what?? Well that means that rent carries on being payable 6-monthly after the fixed term and all notices eg to quit - you or landlord) may need to be up to 6 months..

Cheers!

Lodger

Very good point, although I think it may well depend on the wording of the AST.

tbs624

gazfocus - statute , ie the law, allows for a tenancy to become a periodic agreement after expiry of the original Fixed Term, where the T remains in residence and neither party has sought a further Fixed Term agreement. As Colin says, just get in touch with the LA: if you have stayed past the expiry date you are obliged to continue to pay rent. You simply need to clarify how both you and the LA/LL want to move things forward.

You are entitled to have the name and address of your LL too- *write* requesting the info under S1 of the LL &T Act 1985 and the LA has to tell you within 21 days or he is committing an offence.

gazfocus

Thanks for all the advice.

Firstly , I didn't come on here without trying to contact the LA first and been unsuccessful. I have even emailed them without any joy.

Regarding Lodgers comment. The AST does state the payments are monthly and it was my choice to pay 6 months up front, so as I believe, I am now only required to pay monthly.

I don't intend my rent being unpaid because it took a lot of effort to get this house, then I've done a lot of work in it (i.e. decorating with the LL's permission), so I would love to stay...just would like something a bit more secure than a month by month contract...although if it saves fees

tbs624

theartfullodger wrote: »

I beg to offer a different, perhaps worrying, view to dawn...

Having paid 6months rent in one lump the operations director of ARLA (!!! of Residential Letting agents) and others believe this means the period is now 6-months. So what?? Well that means that rent carries on being payable 6-monthly after the fixed term and all notices eg to quit - you or landlord) may need to be up to 6 months..

Cheers!

Lodger

This one is quite interesting and differing legal bods, as usual, have differing views. I look forward to seeing the first case.

tbs624

Gaz - if you are a reliable T who has paid the rent & looked after the property then the LA/LL would want to retain you. All things are negotiable, so you have to go in with the thought that they need good Ts just as much as you need a roof over your head. Some Ts remain on Stat Periodics for many years, but if you want a further Fixed Term tell them that you are prepared to sign up for one but only if they waive any fees for doing so, and make sure that the same message also reaches the LL.