2 different types of tenancy contract at the same time?

Auticko1

Hi, following my post about an estate agent chasing me for a renewal fee for my tenancy contract (thanks for all the useful advice!), I have another question.

My 12-month contract was due for renewal a few months ago and I ignored the agent asking for the fee. They are now saying that I said to them 2 months before the expiry of the contract that I would renew. I think I did say it over the phone but cannot remember. At the time, I did not know about the statutory periodic tenancy (yes, stupidity does not excuse me!).

I have written to the agent that I am now on SPT and do not want to sign. However, they refer to my agreement to renew over the phone which was months ago and are now saying if I sign for another 12 months, I don't have to pay.

The landlord has just told me that they made him pay for another 12 months but only now told him that I have not signed the contract yet. Does this mean I cannot be on SPT anymore or it only depends on the landlord? Thanks!

mart.vader

Tell them you can't remember agreeing to it, and ask them to provide proof of the agreement. (i.e. their phone notes are not enough)

"and are now saying if I sign for another 12 months, I don't have to pay"

So why are they so keen for you to sign, if you don't have to pay ?

BitterAndTwisted

If you didn't SIGN a new AST then you haven't agreed to a new 12 month term despite what their notes might say. A statutory periodic tenancy automatically arose the day after your AST expired. Nothing can change that now bar SIGNING a new AST.

It sounds like, if your landlord is fine with a month's notice on your part, that they should be demanding their fee back from the agent.

lighting_up_the_chalice

mart.vader wrote: »

Tell them you can't remember agreeing to it, and ask them to provide proof of the agreement. (i.e. their phone notes are not enough)

"and are now saying if I sign for another 12 months, I don't have to pay"

So why are they so keen for you to sign, if you don't have to pay ?

Because the landlord DID pay?

If you want the security of another 12m fixed term, you may as well sign. It's costing you nothing. But if you want the flexibility of not being in a fixed term (and are happy with the risk involved), leave it be and let them sort it out with the LL.

ging84

The phone conversation should not really matter, agreeing to agree to something isn't really a good basis to forming any kind of verbal contract. you initially agreed you would sign for another 12 months, and after giving the agreement due consideration you had good reason not to agree to it so chose not to. There is nothing unreasonable about what you have done.

mart.vader

lighting_up_the_chalice wrote: »

Because the landlord DID pay?

If you want the security of another 12m fixed term, you may as well sign. It's costing you nothing. But if you want the flexibility of not being in a fixed term (and are happy with the risk involved), leave it be and let them sort it out with the LL.

So the LL paid ? That imposes no obligation on the tenant to either sign or pay.

G_M

you have a SPT.

Write to the landlord (copy the agent) thanking him for being such a helpful LL over the last 12months, tell him you are happy renting his property, have no current plans to move, and are happy to continue on the basis of your current Statutory Periodic Tenancy.

Ignore any tenancy agreement the agent sends, and also any bill.

Smith_007

Careful....

Reading between the lines, the landlord may not know what a Statutory Periodic Tenancy is. The agency will not explain this to the landlord. Instead they will tell him you have not signed another rental contract and/or charge him fees for your signing a contract (looks like the agency have fscked up here!)

Get in touch with the LANDLORD. Explain to him nicely what a SPT is (he probably doesn’t know) and that you are very happy renting from him and wish to continue to do so.


Alternatively: If you want the security of a 12month contract then go ahead and sign once the agency tell you in writing that they will not charge you for this.