Tenancy

poochel

Am currently renting a flat - our tenancy is due to come to an end at the end of the month. The agents have sent us extension paperwork (with a whopping fee attached, of course) which I'm not too keen to sign as it seems like we will have to commit to another year in the flat.

Am I correct in thinking that if we don't sign this (in effect) new tenancy and just keep paying rent on the same basis we have been up till now, the tenancy becomes a periodic tenancy? And that that is subject to giving notice as specified in the original AST? We want to stay in the flat for another 3-4 months or so and are happy to give the 2 months notice necessary when the time comes.

Not too happy with the agents at the moment - am currently complaining about the way they hand out keys to the flat like sweets to workmen etc without letting us know 24 hours beforehand as legally required - another reason why we don't want to be tied down for another year. This is why I wanted to check the legal status of not signing the new tenancy before I talk to the agents.

Many thanks for any clarification you might be able to give.

prudryden

If the S21 was issued at the beginning of the tenancy as part of your contract, you will be expected to leave at the end of the month. If you don't, then court action, as a last resort, will be taken out if the LL doesn't want you to stay.

If there is no S21 issued at the beginning of the tenancy, then you can stay on as a periodic under the same original contract and give one months notice, unless the contract calls for a two month notice by the tenants.

poochel

Thanks very much for that. I'll check if there was a s21 issued at the start of our tenancy.

(I doubt there would be a problem with the landlord - we are exemplary tenants - with us staying on for a few months after the 'official' end of the tenancy, it's more the agency we are having real problems with.)

Thanks very much

nej

We always word things to the effect of an "initial 6 month period, after which 1 month notice is required".

Seems mean to demand a fee for a quick signature.

poochel

I agree they want £50 plus VAT for printing off a simple precedent from their system and adding our names and address to it. I'm in the wrong business!!

AND when they posted us our tenancy agreement after it had been signed by all parties there was insufficient postage so I had to go and queue up at the post office on a Saturday morning and pay the excess etc to get it. What a cheek.

thesaint

Not too happy with the agents at the moment - am currently complaining about the way they hand out keys to the flat like sweets to workmen etc without letting us know 24 hours beforehand as legally required - another reason why we don't want to be tied down for another year.

You don't have to let them in if you don't want to(24 hours notice or otherwise). This will aggravate them, but they should no the law on this matter.