Assured Periodic Tenancy

HiTo

Hi,

My Assured Shorthold Tenancy Agreement expired on the 30th May.

I have recieved a form during May proposing a rent increase under an Assured Periodic Tenancy for a rent increase starting 31st of May which I have paid. Nothing yet has been signed but the letting agent wants me to sign a new 12 month agreement.

Are the assured shorthold tenancy agreement and the assured periodic tenancy the same thing?

Really I don't want to for 12 months I'm happy month by month.

Hump

A statutory periodic tenancy arises when a fixed term assured shorthold tenancy comes to an end. If you have agreed to the rent increase and if you do not want the security (or straightjacket) of a 12 month contract then decline to sign the new fixed term contract. Your tenancy will continue month by month.

G_M

If you have paid the new rent, then you will be deemed to have accepted it. So nothing you can do now about the rent increase.

This post here explains the tenancy rules and what happens when your fixed term AST ends.

HiTo

G_M wrote: »

If you have paid the new rent, then you will be deemed to have accepted it. So nothing you can do now about the rent increase.

This post here explains the tenancy rules and what happens when your fixed term AST ends.

If I have paid the new rent have I agreed to a new fix term or am I still month to month?

tbs624

HiTo wrote: »

Hi,

My Assured Shorthold Tenancy Agreement expired on the 30th May.

I have recieved a form during May proposing a rent increase under an Assured Periodic Tenancy for a rent increase starting 31st of May which I have paid.

..so you have in effect agreed to the rent increase.

Nothing yet has been signed but the letting agent wants me to sign a new 12 month agreement.

Of course he does - because then (a) he can charge you a renewals fee (b) he can charge the LL a renewals fee (c) he knows that he will have 12 months' worth of commission for your tenancy

Are the assured shorthold tenancy agreement and the assured periodic tenancy the same thing?

The terms of the origiinal Fixed Term apply to the subsequent Statutory Periodic Tenancy, except for those on determination, ie how and when the tenancy may be brought to an end by either party.

It doesn't need anything to be signed by you, the LA or the LL - you will still get moronic LAs who tell Ts to "come in and sign for for your SPT" (and pay 50 quid).

Some LAs have no clue about how the Housing Act 1988 provides for an SPT to arise, and some do know but will push for their fees from securing a further Fixed Term. LL may not know about SPTs and LA may mislead him/her.

Talk direct to the LL - you can check out his current address via the Land Registry for 4 quid. ( You can insist that the LA passes name and address to you but they have 21days in which to do so after receiving a written request from you.)

G_M

HiTo wrote: »

If I have paid the new rent have I agreed to a new fix term or am I still month to month?

Unless you sign a new Fixed Term agreement you will still be on a Statutory Periodic Tenancy (month by month).

However you have accepted the new rent on your SPT by agreeing to pay it.

It_can_get_better

If what you're signing is an assured tenancy rather than an assured shorthold, the landlord has just given you a whole lot more security, making it a lot harder to evict you. Assured tenants have a lot more rights then assured shortholders.