Letter from LA re extending TA

peppa-pig

Our AST expires on 15th April 2011. I received a letter yesterday from the LA asking what our intentions are and reminding us that if we want to leave we have to give one months notice.

We want to stay but not sign another fixed term, so should I reply saying that we are staying but want to go periodic or should I ignore the letter?

We were served a S21 the day we signed the TA and got the keys (am I right in thinking this is invalid as our deposit had not been protected at the time of issuing?)

Many thanks

00ec25

peppa-pig wrote: »

Our AST expires on 15th April 2011. I received a letter yesterday from the LA asking what our intentions are and reminding us that if we want to leave we have to give one months notice.

This letter may be quite innocent and could be read in a positive way.
As you know when an AST fixed period ends the T does not have to give notice if they move out when the tenancy ends, it is considered polite to do so, the letter could simply be prompting you to let them know so they can plan accordingly
OR
the letter is simply confirming they are aware that under a periodic tenancy you have to give 1 months notice
OR
they are wrong and think you have to give 1 months notice to end the AST - given the leter has been sent before 15th March it would appear that they believe this latter scenario. They are wrong but then again from their point of view it is immensely helpful to know what your intentions are


We want to stay but not sign another fixed term, so should I reply saying that we are staying but want to go periodic or should I ignore the letter?

Assuming the normal state of play for agents they want to charge fees for renewing a contract. So yes you can ignore the letter and it will automatcially become a periodic BUT see below

We were served a S21 the day we signed the TA and got the keys (am I right in thinking this is invalid as our deposit had not been protected at the time of issuing?)

you are corrrect - techncially the S21 is invalid, but do you have any idea of the LL's (not the LA) intentions. If this was your first dealings with this LL then they were wise to serve a S21 in case there had been problems and they had to get rid of you. Serving S21 early means the LL can go to court that much earlier, but does not guarantee the LL intends to seek repossiession, why should they if the relationship is working?

answer - don't acknowledge the LA's letter
write to the LL , not the LA, and ask them if they are happy to go periodic, perhaps hinting that doing so will save them and you pointless renewals fees with the LA

tbs624

peppa-pig wrote: »

Our AST expires on 15th April 2011. I received a letter yesterday from the LA asking what our intentions are and reminding us that if we want to leave we have to give one months notice.

We want to stay but not sign another fixed term, so should I reply saying that we are staying but want to go periodic or should I ignore the letter?

We were served a S21 the day we signed the TA and got the keys (am I right in thinking this is invalid as our deposit had not been protected at the time of issuing?)

Yes, the S21 Notice will be invalid - it absolutely has to have been served *after* (a) the tenancy agreement is signed and (b) after any tenancy deposit paid to the LL has been scheme registered.

Some Ts prefer to keep quiet on this one as it affords extra time should the LL wish to proceed to court for repossession after the FT expiry.

Some LLs (and many LAs) do not understand Stat Periodic tenancies so be prepared to discuss the fact that all clauses from the original FT apply, save for those on "determination" ie, how either party may end the contract ( 2 months notice from LL, one from the T, to tie in with "rental period").

Your LA is clearly ignorant of the law as they suggest that you have to give one month's notice to leave at the end of your Fixed Term: you do not, although it is courteous to give a LL some indication of your plans.

Ts in Scotland need to be careful around notice periods because of the automatic renewal afforded under tacit relocation but as you are referring to an AST and deposit regs this property is presumably in Eng/Wales.