Separated, how much should I provide?

justme111

RAS wrote: »

Alternatively you could ask them to let you go periodic? That means you need to give one month's notice tied in with rental dates but at least you have a choice of 5 or 8 months, whatever you need.

It may be better to ask the LL as agencies are rather keen on their renewal fees.

Indeed , no need to deal with a ll though as many not keen in dealing with tenants . Just plane stating you want it statutory periodic to the agency and not sign and return the new agreement should suffice

justme111

JackRS wrote: »

Maybe but credit ref remains bad for some time even if you clear debts so getting mortage more difficult.

If you are concerned about possible obstacles in getting a mortgage then life must be not that bad

JackRS

justme111 wrote: »

Indeed , no need to deal with a ll though as many not keen in dealing with tenants . Just plane stating you want it statutory periodic to the agency and not sign and return the new agreement should suffice

Thanks, sorry I'm a bit slow on this stuff, but what do you mean? They've sent me a letter, with three options:

1)Renew for 12months
2)Renew for 6 months
3)Vacate at end of agreement

You seem to be refering to an alternative option?

RAS

JackRS wrote: »

Thanks, sorry I'm a bit slow on this stuff, but what do you mean? They've sent me a letter, with three options:

1)Renew for 12months
2)Renew for 6 months
3)Vacate at end of agreement

You seem to be refering to an alternative option?

Yes. EAs like their fees and the more frequently you renew the more fees that can extract from you.

Do pop over to the Buying Selling and Rental forum if you want the full monty. Might try and find the linkie later.

If you do NOTHING at all by law the tenancy becomes a statutory periodic tenancy. The LL has to give you 2 month's notice that they want possession (check whether they have already issued an S21 notice).

That does not require you to leave, it just gives you the first date they can start court proceedings.

You have to give one month's notice tied in with the rental period.

EAs are not overally keen on period tenancies because they cannot charge the tenant or the owner fees. So it pays to ask the owner if they are happy for you to go on a periodic tenancy.

Most LLs would rather a good existing tenant with a good payment record to several month's void and another lot of tenant finding fees.

justme111

When I was a tenant sent a letter like that I replied them with a letter that I prefer it to go into statutort periodic tenancy and never heard anything else from them on the topic until I moved out 3 years later

RAS

here is G_M's little missive

See

Ending/Renewing an AST (what happens when the Fixed Term ends?)(What is a Periodic Tenancy?)(How can a LL remove a tenant?)(How can a tenant end a tenancy?)

JackRS

RAS wrote: »

here is G_M's little missive

See

Ending/Renewing an AST (what happens when the Fixed Term ends?)(What is a Periodic Tenancy?)(How can a LL remove a tenant?)(How can a tenant end a tenancy?)

Thanks for that link. I got a phone call from agent yesterday asking me to decide they've asked for decision by next week. I'm not sure what to do. I don't want to sign a 6 month agreement so like the sound of [FONT=&quot]Statutory Periodic Tenancy but concerned this won't go down well and they'll find something wrong to keep the deposit. The link takes you to the following, can anyone advise me please?[/FONT]
[FONT=&quot][/FONT]
[FONT=&quot][FONT=&quot]2) Tenant wishes to stay[/FONT]

[FONT=&quot]a) The tenancy can be renewed for a new FT. The length and rent can be as before, or a new rent & length can be negotiated by tenant and landlord (or agent). Once signed, the new FT tenancy becomes binding.[/FONT]

[FONT=&quot]b) The tenancy can continue by automatically becoming a Statutory Periodic Tenancy (SPT) (a ‘monthly’ or ‘rolling’ tenancy).[/FONT]

[FONT=&quot]Letting agents often ask or demand that tenants sign a new FT contract eg for 6 or 12 months. They usually charge both tenant and landlord, so tend to encourage this option. But if tenant and landlord speak to each other direct, a SPT may well suit both, & save money.[/FONT]

[FONT=&quot]Whatever the contract may say, a SPT is a perfectly legal alternative ([/FONT][FONT=&quot]Housing Act 1988[/FONT][FONT=&quot] S5). [/FONT]

[FONT=&quot]When a FT ends, a SPT automatically arises on the following day if the tenant does not leave. It continues for ever on a monthly/weekly basis, or till one side gives valid Notice (see below). Nothing need be signed, and no fee should be charged. Even if both landlord and agent ask for a new FT to be signed, by simply remaining in the property the tenant will create a SPT.[/FONT]

[FONT=&quot]The terms of the SPT, including rent, remain exactly as before, except the way it ends. When choosing between a new FT tenancy and a SPT it is worth considering:[/FONT]

[FONT=&quot]i) A FT gives security: the LL is guaranteed rental income & the tenant is guaranteed a home - for the full length of the new FT (but see ‘break clause’ below)[/FONT]

[FONT=&quot]ii) A SPT gives flexibility: the tenant can leave & the LL can gain possession at any time (subject to Notice as below).[/FONT]

[FONT=&quot]iii) A FT may require payment of a fee: a SPT should not.[/FONT]

[FONT=&quot]A new FT agreement may be at a new (perhaps higher) rent. For more details of how and when rent can be changed see [/FONT][FONT=&quot]this post[/FONT][FONT=&quot].[/FONT]

[FONT=&quot]It is worth warning that where a landlord, and/or his agent, really want a new FT, there is the possibility they they might issue a S21 Notice (1st step to eviction) if the tenant just moves to a SPT. As stated, a SPT offers far less security.[/FONT]

It should also be noted that whether a new FT agreement is signed, or the tenant moves to a SPT, if the landlord holds a deposit he should re-issue the 'Prescribed Information ' (for guidance following Superstrike Vs Rodrigues, see here).
[/FONT]

Gigervamp

How long do you think you'll need in your current place? Have you spoken to the actual landlord or just the agent? As the above quote mentions, the agents charge the landlord to renew too, so you might be able to get an agreement with the landlord to go on a rolling tenancy.

Regarding your deposit, if it was protected (as it should have been and you should have received the prescribed information within 30 days), you can claim it back from the protection service at the end of the tenancy. It's down to the landlord to prove that you've caused damage/whatever to the place and you can dispute the claims.

JackRS

Gigervamp wrote: »

How long do you think you'll need in your current place? Have you spoken to the actual landlord or just the agent? As the above quote mentions, the agents charge the landlord to renew too, so you might be able to get an agreement with the landlord to go on a rolling tenancy.

Regarding your deposit, if it was protected (as it should have been and you should have received the prescribed information within 30 days), you can claim it back from the protection service at the end of the tenancy. It's down to the landlord to prove that you've caused damage/whatever to the place and you can dispute the claims.

Not sure hopefully a few months yeah it's protected thanks.

RAS

JackRS wrote: »

Not sure hopefully a few months yeah it's protected thanks.

Jack Two other little issues

1. Was there a dual signed inventory when you moved in?
2. were you sent the prescribed information within the 30 days?

Do you have contact details for the Landlord? If not consider downloading their address from the Land Registry (£3).

Then write and explain that you are currently in the process of divorcing and do not knwo if you need a 6 or 12 months tenancy. Could you go statutory periodic? Promise to give as much notice as possible of leaving.