Moving to Periodic Tenancy - Rent Payment Schedule?

DragonQ

I'm currently in a fixed term (6 month) tenancy that's coming to an end. I paid 6 months rent in advance due to lower income than the letting agent would normally accept.

If I move to a periodic tenancy, would the "period" be 6 months with me paying 6 months in advance again, or would it be a rolling monthly contract with me paying monthly?

G_M

What does your tenancy agreement say?

Does it state a monthly amount for rent? or give the amount due for 6months?

princeofpounds

The period will be stated in your contract. It's highly like to be monthly. It is not determined by the 'period' you paid for initially - this is simply a cash transaction, not a definition of the contract.

When a contract moves to a SPT basis, all the terms remain the same except those relating to time schedules related to the period of the tenancy. So I think it is possible that some advance payment agreements would hold, whilst others would not. It depends entirely on how they are defined in the contract.

DragonQ

It says the rent is "per calendar month subject to any further provisions within this tenancy agreement" and then says it's "payable in full and in advance". Basically the letting agent took all the money from me before I moved in and has since drip-fed it monthly to the landlord.

In the definitions, it says "'a period of tenancy' means the rent payment periods as detailed in the Particulars", but does that mean the "per calendar month" part or the "in full and advance" part?

I was also issued with a Section 21 just after I moved in.

G_M

DragonQ wrote: »

It says the rent is "per calendar month subject to ...

You have a monthly tenancy. You just happen to have paid in advance.

You will have a monthly SPT (requiring notice of a month, ending with the tenancy period).


Whether you pay monthly from now on, or again pay 6 months in advance is up to you and the LL to agree. I don't see how the LL can force you to.

However, if he is unhappy with the way you pay, he can always evict in the usual way.

DragonQ

That's what I was hoping. I was going to write a letter to the landlord explaining the statutory period tenancy situation and providing evidence that I have enough money to pay monthly and see what they say.

DragonQ

I've told the letting agent that I'm happy to move onto a statutory periodic tenancy. They've come back to me saying this isn't an option because I'm in a "rent in advance" tenancy. My response was that there is no such thing.

I didn't get a reply from the landlord.

dimbo61

The letting agent is after more MONEY!!!!!
He wants you to sign and new contract for 6/12 months and make money out of you and the Landlord!!!!!
Now if you can speak to the Landlord direct and pay into his/her business bank account direct.
Most Landlords do not want the bother of looking for a new tenant every 6 months and having void periods, losing rent, paying fees BUT Letting Agents want the opposite.
The Letting agent may want you to sign a new contract and Increase the Rent at the same time!
If you can speak to the LL

Annabee

Another tale of letting agent dishonesty and money-grubbing!
Why are so many of them scum? When will the government act on this (not holding my breath)?

Of course the letting agents would like the 6 months money sitting in their account while they drip feed it to the landlord. But to the landlord this would make no difference, so he/she seems your best bet, if you can make contact. But sadly some landlords seem to leave everything up the LA, not getting involved at all. Even if they are being ripped off by them as well!

Annabee

They are being completely unreasonable as well, if they thought the problem with you as a tenant was lack of income, just where do they think you are going to get another lump sum of 6 months rent from?

I know it is too late now, and not helpful to say, but maybe you should have asked at the beginning of the tenancy what would happen after 6 months.

DragonQ

I am well aware that they just want money. It would cost me over £100 to "renew" for 6 months. They've gone quiet after I pointed out their past lies and asked to speak to the landlord.

I haven't pointed out to them that the landlord wouldn't care if I paid 6 months upfront or not since it's drip-fed to them (they themselves confessed this) but will do so if they continue to lie.