Statutory Periodic Tenancy/Agreement - not legal?

peterkin

Hi all,

I hope this hasn't been asked elsewhere, I have had a search. We've just been informed by our LA that we need to sign a new TA. This is months after our old one lapsed, but apparently they're doing some 'catching up'.

I was surprised to be hit with a £75 cost for this, as I've not had to pay a charge before. I did some googling and found a very helpful thread on here about TA's lapsing into Statutory Periodic Tenancies/Agreements, and that essentially being all you need (unless you want the cushion of a set period when the LL can't turf you out, which is only 4 months on our 'new' TA anyway)

I called our LA (Winkworth) and asked about this, only to be told that legally they can't have us on a SPT and that we need to pay the charge. This sounds like horse manure to me - and it wouldn't be the first time they've lied/ommitted to tell us something.

Has anyone got any experience of this/any legal back up that they're talking rubbish?

Many thanks!
Peterkin

Fire_Fox

Welcome! You are correct about the horse manure. E-mail or write to the letting agent and ask them to put their legal issues over statutory periodic tenancies into writing, referring to the legislation. Often agents are rather less quick to mislead or bend the truth in print.

Out,_Vile_Jelly

There is nothing illegal about a statutory periodic tenancy (the clue is in the word statuory). Your tenancy is continuing under the same terms as the original contract.

It's probably worth writing to your landlord directly, pointing out that your original contract is still valid and that there is no need for either of you to pay a renewal fee (the LA will be charging them too). Most landlords are surprised to learn their tenants are being hassled and will tell them to stop it- mine did.

tbs624

Some LAs are genuinely ignorant about the provision under which an SPT arises but others simply like to try and suck a renewals fee out of both LL and T for a new FT, plus of course they have some stability on how long they will be receiving their 10% commission for your tenancy.

Your mention of "4 months" sounds like are also effectively trying to backdate this new FT agreement?

Tell them to look at the Housing Act 1988, s5

And if you want to comment on LAs and their inadequacies you may find this interesting https://forums.moneysavingexpert.com/discussion/4255533

tbs624

Out,_Vile_Jelly wrote: »

Your tenancy is continuing under the same terms as the original contract.

...except for those on determination, ie how the tenancy may be ended by either party:)

peterkin

Thank you all. It's good to know I'm not going mad!

Re: the "4 months" thing: our old TA - and the new one they want us to sign - states that we have a 4 month period wherin we are entitled to stay in the property, without the landlord serving notice (unless we breach terms of the agreement, of course). On previous TAs I've had (and I think usually) this period is 6 months.

After that, I believe the landlord has to give you 2 months notice to vacate the property at least.

I will retire to my writing desk - and also get in touch with the landlord.

G_M

All explained in full in this post.

bebewoo

When I rented via Winkworth they tried this on every year, and I just refused to pay. It's money for nothing for them, just changing the dates on exactly the same contract.
They really will try anything to avoid letting you have a statutory periodic tenancy, but it is not illegal. Just do not listen to their nonsense. It is likely that they are spinning the landlord a line too, and they charge him for renewals as well, so do contact him, as he may let you go periodic as it will be cheaper for him too.
You need to be firm though as they will bombard you with emails and phone calls, trying to weasel the cash out of you.
I had to move out in the end because they persuaded the landlord to put the rent up by a ridiculous amount. I would never go with Winkworth again.

Fire_Fox

If they bombard you with e-mails and telephone calls, send them a cease and desist letter stating that you deem their actions to be harassment.

tbs624

You can post up a review of troublesome LAs at https://www.allagents.co.uk and you may like to read about an inquiry into the private rented sector which will be looking at LAs

see https://forums.moneysavingexpert.com/discussion/4255533

<sebb>

I fell for this line a couple of years back. I was told that there had been a change in legislation. I had no reason to believe that someone would tell such an outrageous lie so signed. I'm now a lot more cynical.