Moving to Periodic Tenancy - Rent Payment Schedule?

dimbo61

What does it say on your Tenancy agreement for the serving of notices?
Does it give the Landlords address or care of the letting agents.
If you spend £3 with the very nice Land registry people you can find out who is the landlord, address and even mortgage company.
If the address turns out to be YOUR address come back to us on here!

AlexMac

Sympathies! I'm with the cynics above, who assume the Agent is merely trying to screw more fees out of both you and the LL for setting up a new 6-month AST or extending the letting . It may also depend on whether the LL was daft enough to sign an agreement tying him or her to renewal / recontarcting / extension fees; as a small LL myself, I refuse to accept this. In my view, the initial set-up fee is fair, but if my tenant stays on I'm happy with a Statutory periodic, and I'd argue that they stay because I'm a good self-mamanging landlord who repairs and replaces stuff instantly (no doubt any agents would disagree. Or maybe the LL is so hands-off that they delegate everything to the agent. I'd try the LL again.

I'm no expert, but can anyone more knowledgeable advise on what would happen if you simply fail to sign or return a new AST, start paying monthly - ideally by SO? I guess the Agent could persuade the LL to evict you but that would be daft as it would cost the LL in lost rent and new finder's fees...?

DragonQ

AlexMac wrote: »

I'm no expert, but can anyone more knowledgeable advise on what would happen if you simply fail to sign or return a new AST, start paying monthly - ideally by SO? I guess the Agent could persuade the LL to evict you but that would be daft as it would cost the LL in lost rent and new finder's fees...?

As far as I'm aware, the only thing the letting agent can do if I don't agree to their renewal is persuade the landlord to kick me out (they can't do this themselves hopefully). Surely no sane landlord would do that in this situation...

dimbo61 wrote: »

What does it say on your Tenancy agreement for the serving of notices?
Does it give the Landlords address or care of the letting agents.
If you spend £3 with the very nice Land registry people you can find out who is the landlord, address and even mortgage company.
If the address turns out to be YOUR address come back to us on here!

I have the landlord's address but they didn't respond to my letter. I'd like their phone number but I don't think the letting agent is obliged to give it to me. Might be another way of finding out though.

G_M

I would simply ignore the agent's response completely.

Stay. You will move to a SPT the day after your 6 months ends. This is automatic and requiresnoaction by you, the LL, or the agent,so just let it happen.

I would then start paying rent monthly, again without saying anything (do NOT get into arrears!). Do you have bank details to pay the rent? If not, write a cheque (bit old fashioned I know!) and post it in good time.

Then see what happens.

As far as I'm aware, the only thing the letting agent can do if I don't agree to their renewal is persuade the landlord to kick me out (they can't do this themselves hopefully). Surely no sane landlord would do that in this situation...

In some cases, the LL may have delegated full decision-making tothe agent(eg if the LL is overseas). The agent could then issue a S21on behalf of the LL.

However, the agent could not start legal procedings (eg for a court possession order). Only a lawyer can do this (or the LL himself).

Whether the LL has delegated the right for the agent to instruct alawyer is highly unlikely (but possible).

DragonQ

G_M wrote: »

I would then start paying rent monthly, again without saying anything (do NOT get into arrears!). Do you have bank details to pay the rent? If not, write a cheque (bit old fashioned I know!) and post it in good time.

No I don't have the bank details; that is the only reason I actually responded - I asked for them. So far they have simply responded that I can't move onto a statutory periodic tenancy and haven't given me the account details. I have no cheque books.

I'm sure I can get the bank details by going to the branch if they won't respond to my emails.

G_M wrote: »

In some cases, the LL may have delegated full decision-making tothe agent(eg if the LL is overseas). The agent could then issue a S21on behalf of the LL.

I was issued with a section 21 shortly after moving in. This is fairly common though and doesn't necessarily mean they'll act on it.

G_M

DragonQ wrote: »

I was issued with a section 21 shortly after moving in. This is fairly common though and doesn't necessarily mean they'll act on it.

True. But sadly it means they're 2 months ahead if they DO acton it! (assuming it's valid).

I have no cheque books.

I'm sure I can get the bank details by going to the branch if they won't respond to my emails.

I suspect a visit to the office toask forbank details will also entail an extended discussion on tenancy renewal. Better to avoid if you can. Can you get a counter-cheque issued by your bank and post that?

DragonQ

G_M wrote: »

I suspect a visit to the office toask forbank details will also entail an extended discussion on tenancy renewal. Better to avoid if you can. Can you get a counter-cheque issued by your bank and post that?

I'm not going through the hassle of checks. If I have to go to a bank every month I might as well get the cash and hand it into the letting agent myself. Better yet, ask the landlord for their bank details and pay them directly (if they ever reply).

I wonder what my legal standing is if they refuse to give me the details necessary to pay them and I therefore miss a rent payment?

G_M

I wonder what my legal standing is if they refuse to give me the details necessary to pay them and I therefore miss a rent payment?

You have their address. Therefore you have "the details necessary to pay them ".

You'll be in rent arrears.

DragonQ

G_M wrote: »

You have their address. Therefore you have "the details necessary to pay them ".

You'll be in rent arrears.

Fair enough.

DragonQ

New reply from the letting agent. They say they're acting on the landlord's behalf and basically just repeated what they said before - they don't want to move to a statutory periodic tenancy.

I feel as if ignoring this response would be best but of course they still haven't given me the bank details or the landlord's contact number.