Statutory Periodic - My rights

msralmjs

Hi

I had a call from my letting agents today, asking me whether - since we have two months before the end of tenancy - we were planning to renew. I said I wasn't sure, so have left it there.

I'm keen not to have to a) renew for a whole 12 month contract, or b) look for a new place. We're looking to buy, but that might be a matter of months before we have any sort of deposit/opportunity.

I want, therefore to explore Statutory Periodic Tenency. I've asked them to call me back tomorrow to discuss.

a) Do I have a right to request it?
b) Do they have a right to just refuse?
c) Is there any way I can convince them that it is in their interests, as otherwise they would have to advertise over the new year, which I'm sure is a quiet time...

Thanks!

Mat

moromir

msralmjs wrote: »

Hi
I want, therefore to explore Statutory Periodic Tenency...

a) Do I have a right to request it?

Yes.

msralmjs wrote: »

b) Do they have a right to just refuse?

If the Landlord has instructed the LA that they only want tenants on a fixed term, yes. Otherwise they should refer the matter to their client, your Landlord, for his decision, and he has every right to say no.

msralmjs wrote: »

c) Is there any way I can convince them that it is in their interests, as otherwise they would have to advertise over the new year, which I'm sure is a quiet time...

You could point out you've always paid the rent on time and looked after the property (although if I were a landlord I'd immediately be thinking thats what you should be doing anyway).

You could point out there might be a void over the Xmas period but again word it carefully or you'll end up sounding like you're threatening your LL which could get his back up. It also depends on the letting market in your area as to whether this holds any weight at all?

00ec25

a) you do not have a right to obtain it but you can of course request it

b) again not a question of rights, the LL can chose to grant it or to refuse it, it is after tall heir property. If they refuse it then, UNLESS you sign a new agreeement (which the LL cannot force you to do), your tenancy will automatically become periodic if a new agreement is not signed. However, if the LL really wants a new agreement and you refuse to sign it then it is at the LL discretion as to whether they will start possession proceedings

c) as you realise the only advantage of periodic to the LL is they do not incur the costs of finding a new tenant. The LA on the other hand probably wants a new agreement as the LA can then charge both the LL and you admin fees for "arranging" it.
The disadvantage to the LL is you are not tied into a fixed period and can leave after one months notice, discuss the issue direct with the LL not the LA as the LA has a stronger vested interest in a new agreeement becuase of the fees it brings them

msralmjs

Thanks, that's really helpful. I'm not 100% sure if I have the contact details for the LL (I don't have a copy of the agreement to hand, and she lives in the US). Can I ask the LAs for it?!

Thanks again!

N79

msralmjs wrote: »

Thanks, that's really helpful. I'm not 100% sure if I have the contact details for the LL (I don't have a copy of the agreement to hand, and she lives in the US). Can I ask the LAs for it?!

Thanks again!

Yes you can ask for your LL's address provided you do so in writing. (S1 of the LL and T act 1985)

However, for all matters relating to your tenancy (notices, repairs etc) you must continue to use the address on your tenancy agreement (or, if served, a letter S48 notice) - which is probably the agents address.

G_M

The above is sort of correct but perhaps not quite clear.

The landlord (or his agent) can NOT refuse you a periodic tenancy. They can ask you to sign a new fixed term one, and they can state their preference for one, but if you
a) decline to sign a new Fixed term contract, AND
b) stay at least one day beyond the existing fixed term, AND
c) continue to pay rent,

then by default you become a periodic tenant, whatever the LL wants.

The only options the LL then has is to
a) accept the situation and allow the periodic tenancy to continue or
b) issue a S21 Notice and start proceedings to evict you.

Few LLs do the latter if the tenant is otherwise a good tenant, for the reasons you outline.