Periodic Tenancy following AST

catieeb06

Hiya, I posted about a month ago as to whether I was entitled to a Periodic Tenancy following a 6 month AST. You guys kindly told me that I was and that was what I told the EA.

They took about 2 weeks to come back to me as to whether this was suitable but they finally emailed me back to tell me that was ok.

They sent me a brand new contract, which strangely seems to only allow me a 5 month periodic tenancy and also wants to charge me £100 + VAT for this.

My mind is totally boggled, it's as though they're only allowing a certain amount of time on periodic tenancy! When they made contact there was no mention of fee's. In fact I have a piece of paper in the "welcome pack" from when I moved in that mentioned it was £100 to renew for 6 months and £125 to renew for a further 12 once the AST had run out.

They've still, despite numerous email's to them not informed me of where my deposit is being held. I prefer to email as at least I then have a copy of correspondence being sent to them.

Can anyone advise me if this is the case? Can they put a time limit on the periodic tenancy? Can they charge me for it? Maybe i'm all befuddled after work.

Many Thanks,

Catie x

DVardysShadow

If you have gone past the end of the original fixed term, your tenancy is now periodic. If you feel cheeky, just post the unsigned contracts back with a note saying they are surplus as your tenancy is now periodic.

As they have not advised where your deposit is held, ask for the Landlord's address [which they have to give you] and remind the landlord of this omission and the 3 times penalty.

catieeb06

Would it be too cheeky to add onto the note a definition of what a periodic tenancy is?

x

olly300

catieeb06 wrote: »

Would it be too cheeky to add onto the note a definition of what a periodic tenancy is?

x

No don't add anything.

They should know what it is. It's not hard for anyone particularly someone in the business to use a search engine to find out.

BTW Shelter.org.uk has very good advice for tenants.

Wee_Willy_Harris

Please note that until the tenancy deposit regulation are complied with, any S21 notice served on you would be invalid. This means that, as long as you pay the rent and behave like a tenant, the LL has almost no realistic chance of evicting you. You have evidence that you have chased for the deposit info so you may want to consider your options a bit carefully here as their non compliance does give you a bit of extra security.

Trollfever

olly300 wrote: »

No don't add anything.

They should know what it is. It's not hard for anyone particularly someone in the business to use a search engine to find out.

BTW Shelter.org.uk has very good advice for tenants.

Sadly I do not share your confidence in greedy, lazy, incompetent letting agents.

catieeb06

They're that incompetent they even managed to spell my name incorrectly!

Do I obtain the landlords name under the Freedom of Information Act?

Trollfever

catieeb06 wrote: »

They're that incompetent they even managed to spell my name incorrectly!

Do I obtain the landlords name under the Freedom of Information Act?

From CAB

if you do not know the name of your landlord, you can make a written request to the person who receives the rent for the full name and address of your landlord. The agent must supply you with this information in writing within 21 days, after which they commit an offence

http://www.adviceguide.org.uk/index/your_family/home_and_neighbourhood_index_ew/renting_a_home_index_ew/tenancy_agreements.htm

catieeb06

If I get a periodic tenancy, do I have to sign a contract regarding this? As in signing to agree to the periodic tenancy?

I'm trying to prepare an email back to them tonight regarding this matter.

There is no witness to the signature on behalf of the LL.

Thanks

DVardysShadow

catieeb06 wrote: »

If I get a periodic tenancy, do I have to sign a contract regarding this? As in signing to agree to the periodic tenancy?

I'm trying to prepare an email back to them tonight regarding this matter.

Emphatically NO. I don't advise that you write to them either to give them a definition of a Periodic Tenancy or that you write anything. Just make sure YOU understand what it is.

Once you are out of your fixed period, and you remain in the premises, then the tenancy continues on the same terms as previoulsy, except you can leave giving 1 full month's notice to end at the end of a rental period and the landlord can give you 2 months notice. Do not let the Agent con you into signing any further agreement under the guise of a 'Periodic Tenancy Agreement'. Only sign a new agreement if you want to have [and give] the security of a new fixed term.

katebl

As far as I know you don't sign for the periodic tenancy, it is ongoing once your AST runs out, someone may correct me!