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AST ending soon... how to change to periodic?
mystra
Posts: 295 Forumite
I'm panicking no doubt but, our Assured Short-hold Tenancy is coming to an end in mid-March!
We were asked if we want to renew it by the letting agents (we have never had anything to do with the LL themselves) for a 2nd year, and to be honest we're not sure. We have to let them know by 12 Feb, they wrote to us about 12 Jan, asking if we wanted to renew but they still don't know how much they want to increase the rent by etc, claiming they can't get hold of the LL.
We want to move to a cheaper place, as bills have increased/price of living etc and we bet the rent will go up by another tenner a week at least- i can afford it but OH can't.
Trouble is, we've messed up and not put enough aside for another deposit, i've just got out of debt a couple of months ago and i really hate the thought of landing myself back in the red. OH is about half way out of his much larger debts, but he is the most keen to move and pay less rent, despite the initial cost.
I've been reading up on what we can do to perhaps just stay an extra couple of months (i'm getting a bonus from work which will cover everything easily at the end of March, OH wont have to pay a bean, and i get the remains of the current flats deposit whenever that comes back).
Is it true that we actually don't have to sign another AST, and it turns into a Statutory Periodic Assured Shorthold Tenancy, where we can give 1 months notice, or LL can give us 2 months if they want us gone.
What are our rights with the estate agents... they will want their rip-off renewal fees and our souls for the next year, can they force us to sign when we don't have to? Or do we have to? I'm very confused.
I'm really worried, i'm going to study the contract with a fine-toothed comb tonight when i get in, but just wanted to get the ball rolling now for info!
It would be fantastic if we could just get a little extra time on our side - we've been good tenants for 2 years but that means diddly squat in London where they'll find a new tenant before we've drawn breath!
Plus it's annoying if we didn't technically have to renew last year and pay a rip off £120 admin fee - not sure what that blinking pays for exactly when they've not had to do a thing seeing as we stayed!
We were asked if we want to renew it by the letting agents (we have never had anything to do with the LL themselves) for a 2nd year, and to be honest we're not sure. We have to let them know by 12 Feb, they wrote to us about 12 Jan, asking if we wanted to renew but they still don't know how much they want to increase the rent by etc, claiming they can't get hold of the LL.
We want to move to a cheaper place, as bills have increased/price of living etc and we bet the rent will go up by another tenner a week at least- i can afford it but OH can't.
Trouble is, we've messed up and not put enough aside for another deposit, i've just got out of debt a couple of months ago and i really hate the thought of landing myself back in the red. OH is about half way out of his much larger debts, but he is the most keen to move and pay less rent, despite the initial cost.
I've been reading up on what we can do to perhaps just stay an extra couple of months (i'm getting a bonus from work which will cover everything easily at the end of March, OH wont have to pay a bean, and i get the remains of the current flats deposit whenever that comes back).
Is it true that we actually don't have to sign another AST, and it turns into a Statutory Periodic Assured Shorthold Tenancy, where we can give 1 months notice, or LL can give us 2 months if they want us gone.
What are our rights with the estate agents... they will want their rip-off renewal fees and our souls for the next year, can they force us to sign when we don't have to? Or do we have to? I'm very confused.
I'm really worried, i'm going to study the contract with a fine-toothed comb tonight when i get in, but just wanted to get the ball rolling now for info!
It would be fantastic if we could just get a little extra time on our side - we've been good tenants for 2 years but that means diddly squat in London where they'll find a new tenant before we've drawn breath!
Plus it's annoying if we didn't technically have to renew last year and pay a rip off £120 admin fee - not sure what that blinking pays for exactly when they've not had to do a thing seeing as we stayed!
0
Comments
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AST ending soon... how to change to periodic?
Do nothing. Sign nothing. Stay one day after your fixed term ends and continue paying rent as before.
Periodic tenancy arises automatically.
No fee chargeable.
You need to give a months notice but timing is not straightforwd. Ask for advice when you get there.0 -
I agree with the above advice. You don't have to do anything to get a periodic tenancy.
However, if your letting agents are on the ball they will press you to enter another AST. You can ask for a periodic, but they will in all likelihood refuse as they make their money off that £120 a year they charge for printing a contract. You can ask to stay another couple of months, which they might agree to, but don't be surprised if they still want to charge that £120.
If you refuse to sign a new AST they can serve notice and then you will have to move.
I had a periodic tenancy for 2.5 years, but my letting agent was completely incompetent and didn't even ask us to sign a new agreement until 6 months later and we just ignored it knowing how useless they are. So it is possible, but your agent sounds a lot more organised, even with the delay on the price. They might even be delaying on purpose to pressure you into signing.
There's no harm in asking though - maybe you could negotiate that £120 down to something you are happy with? Although if you have borrowing facilities it might be cheaper to pay interest on a deposit until your bonus comes in/the current deposit is returned and move somewhere cheaper now.0 -
I agree with the above advice. You don't have to do anything to get a periodic tenancy.
However, if your letting agents are on the ball they will press you to enter another AST. You can ask for a periodic, but they will in all likelihood refuse as they make their money off that £120 a year they charge for printing a contract. You can ask to stay another couple of months, which they might agree to, but don't be surprised if they still want to charge that £120.
If you refuse to sign a new AST they can serve notice and then you will have to move.
I had a periodic tenancy for 2.5 years, but my letting agent was completely incompetent and didn't even ask us to sign a new agreement until 6 months later and we just ignored it knowing how useless they are. So it is possible, but your agent sounds a lot more organised, even with the delay on the price. They might even be delaying on purpose to pressure you into signing.
There's no harm in asking though - maybe you could negotiate that £120 down to something you are happy with? Although if you have borrowing facilities it might be cheaper to pay interest on a deposit until your bonus comes in/the current deposit is returned and move somewhere cheaper now.
i really do think they're delaying on purpose too. Any other time we've asked for something which would involve them speaking to the LL they've been in touch with her quickly and within hours matters are solved. Last year we were happy to stay, and let on that fact far to easily, so the info on rent increase was available to me the day i asked about it, no messing. This time round we're more hesitant - i made it clear to them that the increase in rent would be a deciding factor. Letting agents make me so cross! :mad:
We *may* have an overdraft on our joint account (advantage gold) but i need to go and ask tomorrow.
Another problem is we do need time to find another place that allows pets. We do only have 3 snakes (kept in locked vivariums, common pet types not big beasties!) and a large fish tank. So it's finding the right place that allows us to bring our pets with us... not as hard as if we had a dog or cat of course as these are 'contained' as such and don't go round scratching up the carpets LOL but we have seen some nice properties that do allow pets... and we really want a cat in the next year or so once we're back on track so i'd love to take a little more time rather than just rushing into the next place and having to deal with the horrible possibility of re-homing my beloved animals. Please no-one say they're just fish or just snakes as i love looking after them and hate to not have them in my life... homes not home with out pets in my sad little view
It does say that the contract turns into a periodic on the AST contract itself - just read through it and found the clause... surely they can't make me enter another AST then?If on the coming to the end of the fixed term agreed above, the Landlord does not seek possession and the Tenant remains in the property, they will be considered, by virtue of section 5 of the Housing Act 1988, to have statutory periodic tenancy. This will continue till ended by either party.
Surely they can't make us sign anything? Any claims from them saying we have to is an empty threat surely?0 -
AST ending soon... how to change to periodic?
Do nothing. Sign nothing. Stay one day after your fixed term ends and continue paying rent as before.
Periodic tenancy arises automatically.
No fee chargeable.
You need to give a months notice but timing is not straightforwd. Ask for advice when you get there.
Our contract says something about a months notice but it has to be timed the day before rent is due.
I really hope i can defeat the estate agent beast... then run away elsewhere to a *hopefully* nice private landlord :j and stop all these ridiculous fees and utter rubbish!0 -
Look. It's easy:
Do nothing. Sign nothing. Stay one day after your fixed term ends and continue paying rent as before.
Periodic tenancy arises automatically.
No fee chargeable.
If you get pressure to sign, just either ignore or stall till the day after the fixed term expires:
"I've lost the contract you sent - please re-send"; "I'll get back to you in a few days"; " solicitor is looking it over"; "the dog ate it"; I've sent it - hasn't it arrived?"0 -
Look. It's easy:
Do nothing. Sign nothing. Stay one day after your fixed term ends and continue paying rent as before.
Periodic tenancy arises automatically.
No fee chargeable.
If you get pressure to sign, just either ignore or stall till the day after the fixed term expires:
"I've lost the contract you sent - please re-send"; "I'll get back to you in a few days"; " solicitor is looking it over"; "the dog ate it"; I've sent it - hasn't it arrived?"
I like your style... i think i do need to *ahem* grow a pair :T :rotfl:0 -
Can they charge you 120 quid for a periodic tenancy which involves you and them doing absolutely nothing? Well they can try but that's their bluster.
Why would you sign if you don't want to? It's not as if they can drug your coffee or hold OH to ransom till you sign ...Surely they can't make us sign anything? Any claims from them saying we have to is an empty threat surely?
Don't forget to check if you have been served a Section 21 notice. Sometimes they are sneaked in near the start of the fixed term as a precaution (Sword of Damocles).0 -
Can they charge you 120 quid for a periodic tenancy which involves you and them doing absolutely nothing? Well they can try but that's their bluster.
Why would you sign if you don't want to? It's not as if they can drug your coffee or hold OH to ransom till you sign ...
Don't forget to check if you have been served a Section 21 notice. Sometimes they are sneaked in near the start of the fixed term as a precaution (Sword of Damocles).
*swearswearswear*
Yup here's the S21 at the back. Now i really hate estate agents, that's bloody sly.
What now?0 -
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jjlandlord wrote: »When did you sign the agreement? When did the tenancy start?
Tenancy originally started March 13 2010, was renewed to run from same date in 2011.
Papers for the current AST were signed 31st Jan 2011.
The Section 21 is dated 31st Jan 2011 as well.
I really want to scream! :mad:0
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