Periodic Tenancy following AST

katebl

DVardysShadow wrote: »

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.

Sorry DVardysShadow, cross-posted

catieeb06

Thank you.

So that's clear. I don't have to sign for a periodic tenancy and I also will not be a pernickity little woman by pointing out the definition of a periodic tenancy.

Is it advisable to write to them explaining I don't accept the terms that they are laying down within the paperwork sent to myself?

Paul_the_Painter

Dates matter a lot. They really do. A Lot

I can't emphasise this enough - they really do matter - a lot!

Dates = v.important

The Date of the tenancy agreement is absoulutly paramount when it comes to giving advice on what to do.

So - what is the date of the tenancy agreement?

p.s. actual date - January is not good enough!

catieeb06

The Tenancy commenced on 20.2.2010 it ran for 6 months and is set to run out on 19.8.2010

Therefore I have 3 weeks to act on this.

9wizard9

They're probably just sending you a new contract in the hope that you sign and agree to pay their admin fee. Legally you don't have to sign anything, then you stay on the periodic tenancy (assuming you've now gone past the end of the fixed term). You do of course run the risk that the agent/landlord may take umbridge at not getting you to sign and might serve you notice. However, if you've been a good tenant, then it's probably fairly unlikely.

We hit a similar issue at the end of our six month fixed term - we wanted to roll onto a standard periodic, but the agent wanted us to sign a special periodic contract so that we had to give two months notice instead of one (and so that we had to pay them a £50 admin fee!).

In the end we decided it was worth signing and paying to keep the agent/landlord on side, as we didn't fancy being given notice. However, if the contract had been more onerous, or had involved a bigger admin fee, we'd have probably just kept quiet and let it go to statutory periodic.

Edit: Just noticed you've not yet reached the end of the fixed term, so currently you're not on a periodic. If you've got the bottle, just wait it out and stay after the end of the fixed term, then you'll be periodic as long as you keep paying rent. The agent will probably try all sorts to get you to sign something and pay an additional fee. As long as you're happy to take the risk on being served notice, then you shouldn't need to do anything, just keep a low profile until you've been there past the end of the fixed term.

DVardysShadow

catieeb06 wrote: »

The Tenancy commenced on 20.2.2010 it ran for 6 months and is set to run out on 19.8.2010

Therefore I have 3 weeks to act on this.

If you want the tenancy to go periodic, then fill your next 3 weeks with doing nothing.

princeofpounds

DVardys is right... you don't have to do anything to go periodic.

You have a right under the landlord and tenant act to your landlord's address if you are a tenant and you submit a request in writing. They must reply in 21 days or can be prosecuted for an offence, so send it recorded delivery to establish the timeline.

You will need this address (assuming you don't have this already) because you are going to need to sue the landlord (or threaten to at least!) to get your deposit protected at some point.

olly300

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?

To repeat.

SIGN NOTHING.

You don't even have to return it if you don't want.

No don't write to them and explain anything as long as you cope with being given 2 months notice correctly

As others have already pointed out they are unlikely to do it.

catieeb06

The thing is, the letter that they sent with it asked for the £100+VAT and threatened us with a £25 late payment charge per week if we didn't return it.

I'm happy to do nothing, but that charge I do not wish to be landed with.

olly300

catieeb06 wrote: »

The thing is, the letter that they sent with it asked for the £100+VAT and threatened us with a £25 late payment charge per week if we didn't return it.

I'm happy to do nothing, but that charge I do not wish to be landed with.

The contract and the late payment charge are both unlawful.

The Shelter website I pointed you to has a helpline number I suggest you ring it and talk to them tomorrow. (You will need to keep trying.)

Then after you have been advised by Shelter write the LA a brief note telling them while the charge is unlawful.

Personally I would report them to straight to my local trading standards but that would probably get you evicted.

Edited to say: In the UK anyone can set themselves up as a letting agent or estate agent and start renting property out to people. You need no qualifications and as you can see no knowledge of the law.