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Periodic Tenancy - Fully Managed

We have been renting a property via a Letting Agent for the past 2 years that is fully managed. Our tenancy agreement is due to expire shortly and we have received a letter from the LA asking if we would like to renew.

I am considering asking the Landlord if they are happy for the tenancy to move onto a periodic tenancy instead of renewing it (have to pay a renewal fee to the LA everytime).

However I am unsure that if the tenancy moved onto a periodic tenancy would it be able to remain Fully Managed by the LA - I ask this because I dout my LL would want to manage the property and they would prefer for it to remain managed by the LA.

Comments

  • Werdnal
    Werdnal Posts: 3,780 Forumite
    Part of the Furniture Combo Breaker
    edited 9 June 2011 at 8:13PM
    For 10 years, we always let through an agent before our current tenant, and all our agreements have gone to periodic without any change to the LA arrangments. LA would still take their monthly commission, so I cannot see they'd want to give up the management of the tenancy.

    LAs like to get renewal fees for printing off the new paperwork and lending you a pen to sign it! A lot of Ts probably don't even know you can go onto periodic and assume renewal is compulsory.

    However, your LL might like the security of tying you to a fixed term knowing you cannot leave with only a month's notice, so may be reluctant not to renew for another fixed period.
  • gordonbennet
    gordonbennet Posts: 229 Forumite
    Eighth Anniversary
    Yes the property can stay fully managed by the agent when it's periodic, but I suspect the agent will strongly discourage the landlord from this. Mostly because they will probably want to a) charge both you and the LL a fee for signing a new tenancy (money for old rope) and b) know that their fee for the next 12 months is secure.

    You can try to negotiate though, and if you get nowhere with the agent, perhaps try the landlord direct.
    I'm not a lawyer, so this is just my opinion. Don't go acting on legal advice you get from a stranger on the internet!
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    The type of tenancy (fixed term/periodic) does not affect the arrangement the landlord makes to manage the property.

    As others have said, the agent has a vested interest (fees!) in renewing the fixed term, so it is often best to speak to the LL. Explain that, yes, you plan to stay (landlords are more concerned with securrity/continuity) but you do not want to pay the fee so would prefer periodic.

    The LL might simply agree.

    Even if he doesn't (or refers you back to his agent) you could use delaying tactics (lost the contract please send another? On holiday? Need to discuss with partner?) until the fixed term expires. The day after expiry the contract automatically becomes periodic - no one needs to do anything.
  • Peter_87
    Peter_87 Posts: 74 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    Thanks everyone for the advice!

    Well have sent an e-mail to the LA requesting if they could ask the LL if they would consider a periodic tenancy.

    Would contact the LL directly however only have an address contact! If I have no luck through the LA I will send a letter to the LL directly.
  • DVardysShadow
    DVardysShadow Posts: 18,949 Forumite
    Peter_87 wrote: »
    ... Would contact the LL directly however only have an address contact! If I have no luck through the LA I will send a letter to the LL directly.
    I would have done that in the first place. Don't forget to mention that the LA want a fee - probably they want a fee from the LL too.
    Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam
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