Periodic Agreement vs 6 Month Agreement

farmville

Hello everyone,

I am out of a 6 month contract by 3 months. I have contacted the LL on a weekly basis to remind him and he has now got it sorted.

He has given me 2 options another 6 month contract or a periodic contract which requires the same notice.

I was just wondering what is the differnce between the two agreements? Does 1 give more security than the other?

Thank you :beer:

Sammy85_2

Well, yes. A 6 month tenancy gives you 6 months security and also ties you in for 6 months. A periodic one means the LL has to give you two months notice to get rid of you and you need to give 1 months notice to leave.

lizzielondon

as your 6 month tenancy ended 3 months ago you have already been in a periodic tenancy for 3 months. It happens automatically

farmville

Right I see Lizzielondon, but he is giving me the choice of either a 6/12 month or a periodic agreement.

I have been private renting for 5 years now and it's the first time I have heard of a "periodic" agreement.

Think I will choose the 6 month agreement - will that start from say next week or from when our last 6 month's ran out?

He also has not put our deposit in a scheme, I have had to remind him of that too. He said he will sort that out with the agreement.

Thanks for the advice guys I appreciate it

lizzielondon

he is giving you the choice to sign a new fixed term. you could do nothing and it would remain periodic

people often like to avoid resigning a fixed term so they don't have to pay letting agent fees- but i'm assuming this is a private landlord so he wouldn't be charging you for this?

your choice should be based on how long you expect to stay- if you want to secure your tenancy for a set number of months resign a fixed term- if you think you may want to move at a months notice stay on periodic- the pit fall of a fixed term is that you are contractual obliged to pay rent for the full term, the pit fall of a periodic is that you can be served 2 months notice at anytime

i'm not sure about the date. I don't know if it has to coincide with the end of your current rental period

get on your ll asap about the deposit scheme, he's breaking the aw by not protecting it- if he doesn't you can sue him for 3x the deposit as a fine

if he's not protected the deposit is everyhting else above board? does he have permission to let? gas certificate etc?

farmville

lizzielondon wrote: »

he is giving you the choice to sign a new fixed term. you could do nothing and it would remain periodic

people often like to avoid resigning a fixed term so they don't have to pay letting agent fees- but i'm assuming this is a private landlord so he wouldn't be charging you for this?

your choice should be based on how long you expect to stay- if you want to secure your tenancy for a set number of months resign a fixed term- if you think you may want to move at a months notice stay on periodic- the pit fall of a fixed term is that you are contractual obliged to pay rent for the full term, the pit fall of a periodic is that you can be served 2 months notice at anytime

i'm not sure about the date. I don't know if it has to coincide with the end of your current rental period

get on your ll asap about the deposit scheme, he's breaking the aw by not protecting it- if he doesn't you can sue him for 3x the deposit as a fine

if he's not protected the deposit is everyhting else above board? does he have permission to let? gas certificate etc?

Yes it is a Private Landlord, so no fees etc, he has been renting the house for 5 years now through a Letting Agency but I negotiated away from them as I was living in the street and he agreed. I have Gas certificate etc.

I will stick with the 6 month agreements, more security I think. I don't mind the term I would prefer it to a 12 month agreement.

Thanks again for your advice

adg1

The periodic tenancy happens automatically when you fun over the end of your fixed term contract.

The only difference between them is that the LL has to offer two, and the Tenant one, months notice to coincide with a rental period.

If you sign a new 6 month tenancy agreement you have security for 6 months. If you stick to periodic you will be given 2 months (at least) notice that you'll be moving house.

Which works better for you depends on your wish for definite security.

BitterAndTwisted

At the moment your landlord wouldn't be able to serve notice on you at all and won't be until they have your deposit protected in one of the official schemes. There's a penalty for not protecting it.

Wee_Willy_Harris

BitterAndTwisted wrote: »

At the moment your landlord wouldn't be able to serve notice on you at all and won't be until they have your deposit protected in one of the official schemes. There's a penalty for not protecting it.

This could be one example of how it is not always in the tenants best interests to chase the landlord to secure the bond. You can challenge this at any time during the tenancy but, as B&T has said, he cannot serve a s21 until AFTER he has complied with the TDP legislation. Might just give you a little bit more security as, should he serve s21, you wouldn't need to do anything until it goes to court at least 2-3 months later. At that time, assuming TDP not complied with, he would have to start the whole process again and give you ANOTHER 2 months NTQ. Might be worth letting him deal with what he is responsible for, without reminding him. The legislation will still protect you, and your bond.