Letting agent charging for deposit protection

badm88n

Hi,

neverdespairgirl wrote: »

You don't need to sign or pay anything to go on to a periodic tenancy. It just happens.

Even if the tenancy agreement is a fixed term and does not mention rolling onto a periodic tenancy at the end of the fixed term?

neverdespairgirl wrote: »

When does the tenancy end? Have you been served at any time a section 21 notice requiring possession at the end?

The fixed term tenancy ended 5th September, I got the letter notifying rent increase on 28th September. No section 21 notice.

neverdespairgirl

Yes, it's just what happens. The contract is for an Assured Shorthold Tenancy. It has an initial period (usually 6 or 12 months) but it's not a tenancy just for that period.

If the tenancy ended on 5th September, you already have a periodic tenancy. You need to do nothing, it's already in place. It's also already at the same rent as before. If the LL wants to increase the rent, that either has to be done with you agreeing to and signing a new AST at the higher rent, or by the LL serving a formal notice (s.13, from memory).

Now you are on a periodic, the LL has to serve you 2 months' notice ending on a rent day. So if, as is likely, your rent is payable on 5th each month, the soonest a s.21 notice could ask you to leave is 5th January (2 months from the next rent day).

badm88n

neverdespairgirl wrote: »

The contract is for an Assured Shorthold Tenancy... Now you are on a periodic

Your are right it is an Assured Shorthold Tenancy and I had no idea it automatically became a periodic. Thanks so much for making things a lot clearer, I really appreciate it!

I am willing to sign a new AST with the increased rent. Two questions for you:

1) Is it reasonable for me to ask that the landlord or agent pick up the £25 AST contract renewal fee? No rent increase would have meant no renewal fee.

2) Having moved to a periodic tenancy there would have been no need to renew the deposit protection. However with the rent increase does this mean that the deposit needs to be re-protected and is that why the agent is asking I pay £45 for the privilege?

tbs624

The stat periodic arises automatically under the Housing Act 1988 after the expiry of a fixed term, when the LL has not sought a court order for repossession and the T remains in occupation.

You can continue on a stat periodic agreement and the LL can increase the rent via a s13 notice.

The LA is seeking to make as much money as possible. Are they using mydeposits? Costs just under 30 quid to register a deposit of over £300, online or by phone. (Discounts offered to NLA members)

IMO no LL should be permitted to pass on the costs if they choose to use one of the 2 insurance-backed schemes rather than the free DPS.
It is wrong, so wrong, that when a T does not get to choose which scheme is used s/he gets lumbered with the costs incurred by the LLs choice.

badm88n

Hi tbs,
Yes they are using mydeposits. I do not understand why they did not use a S13. If they did it is sounds like I would avoid contract renewal and deposit protection fees. Free DPS is a good option if only to avoid pushing fees onto tenants.

Cheers

martindow

badm88n wrote: »

I am willing to sign a new AST with the increased rent.

If you sign a new contract you will be tied in for a minimum of 6 months again. Is this what you want?

neverdespairgirl

badm88n wrote: »

Your are right it is an Assured Shorthold Tenancy and I had no idea it automatically became a periodic. Thanks so much for making things a lot clearer, I really appreciate it!

I am willing to sign a new AST with the increased rent. Two questions for you:

1) Is it reasonable for me to ask that the landlord or agent pick up the £25 AST contract renewal fee? No rent increase would have meant no renewal fee.

2) Having moved to a periodic tenancy there would have been no need to renew the deposit protection. However with the rent increase does this mean that the deposit needs to be re-protected and is that why the agent is asking I pay £45 for the privilege?

It's all a matter of negotiation. They can't make you pay it, you can't make them.

the fact that they don't get their extra £25 a month in rent means they should swallow it, but who knows?

How long do you actually want to stay there?

tbs624

badm88n - have you tried talking direct to the LL? You say he is a decent guy

The thing is , the LA will also probably be seeking to slap him with a "renewal fee" on top of the commission they would earn.

If you have hitherto been a reliable T it is unlikely that the LL would want to lose you over this sort of tosh from an LA.

As the fixed term has lapsed onto an SPA if you are happy to pay an extra 25 quid per month then you can agree it with the LL or he can serve the s13 ( which gives the T the opportunity to challenge via a Rent Assessment Committee, altho' I note you view the increase as ok)

Be aware that some fool LAs have been known to ask Ts to "come in and sign your new periodic agreement"............

DVardysShadow

TrickyDicky101 wrote: »

I don't think having paid it once before is sufficient to contractually oblige you to pay it in the future.

Especially as the charge arises from a NEW contract.

badm88n

martindow wrote: »

If you sign a new contract you will be tied in for a minimum of 6 months again. Is this what you want?

Not really, if we find a house next week (I wish) we could be gone in two to three months.