Moving to Periodic Tenancy - Rent Payment Schedule?

G_M

As advised -

Ignore.

Pay rent monthly using whatever method is easiest:
* cheque
* bank counter cheque
* envelope full of notes(get receipt)
* ask for bank details and be prepared for further argument over tenancy

Re LL's contact details there are 2 bits of leglislation:

Landlord and Tenant Act 1987 says the tenant must be given, in writing, an address for serving notices on the LL. But this can be anywhere (often c/o an agent)

Landlord & Tenant Act 1985 says if you make a written request for the LL's actual address, to the person (eg agent) you pay rent to, they have 21 days to supply it. (sadly many agents are ignorant of this, and/or choose to ignore it, and it can be hard to gain a criminal prosecution).

DragonQ

As before, I have the landlord's address, but would like a phone number. Doesn't look like I'm gonna get it though.

rpc

DragonQ wrote: »

As before, I have the landlord's address, but would like a phone number. Doesn't look like I'm gonna get it though.

You aren't entitled to a phone number.

You also aren't entitled to bank details unless that is explicitly offered as a means of payment.

You have an address, send a cheque to it. If you don't have an account with a cheque book then you will need to get one (or get counter cheques each month).

Herbalus

What GM and rpc say.

However, send the cheque with proof of postage, and keep an eye on your bank account. You don't want arguments that you are in arrears, which could happen if the cheque isn't cashed/is lost in post. Include a letter explaining that your tenancy is now an SPT as the original six months has elapsed, and explain that you are sending a cheque for rental payments as you have been given no other means to pay.

You can also include a paragraph saying that it will be easier for both parties to set up a standing order, and ask for bank details.

DragonQ

rpc wrote: »

You aren't entitled to a phone number.

I know this.

rpc wrote: »

You also aren't entitled to bank details unless that is explicitly offered as a means of payment.

I am curious as to how not giving me the bank details would benefit the letting agent though - presumably having to wait a few days to cash the cheque is a disadvantage for them. Bit disappointing but we'll see what happens. I'm sure they're only ignoring my request to bully me into renewing. Maybe closer to the time when it becomes clear that I will not be doing this they'll give me the details.

DRP

DragonQ wrote: »

I know this.


I am curious as to how not giving me the bank details would benefit the letting agent though - presumably having to wait a few days to cash the cheque is a disadvantage for them. Bit disappointing but we'll see what happens. I'm sure they're only ignoring my request to bully me into renewing. Maybe closer to the time when it becomes clear that I will not be doing this they'll give me the details.

Request a cheque book from your bank now. Keep requesting bank details from the agent.

As you say, cashing a cheque is hassle for the agent , so within a month or so you'd think they would eventually get the idea and pass on the bank details.

rpc

DragonQ wrote: »

I am curious as to how not giving me the bank details would benefit the letting agent though

It probably doesn't benefit them, but that doesn't mean they can't be stubborn. You have to pay your rent. They don't have to accept electronic transfers.

Some bookkeepers like cheques because they are easier to log than to find one payment in your statement that might not have a clear reference and didn't arrive on any particular day. Old fashioned, but perfectly acceptable!

DragonQ

I've just realised the letting agent never sent me the TDS certificate. They sent me a letter saying it was attached but it wasn't. That letter also says the Section 21 is attached, which it was, but the date on the Section 21 itself is the start date of the tenancy whereas the date of the letter is after the deposit was registered. Which date is the important one? If the date on the actual Section 21 counts then it must be invalid, right?

On the other hand, there is a clause in the tenancy agreement that states I agree that they've given me the required information. Not sure how enforceable that is, since it's impossible for them to give me that information until the deposit is in the TDS, which can't happen until I've signed the contract...

DragonQ

They seem pretty desperate to get in touch with me right now. Still ignoring them as I have no real reason to talk to them. If I do have to speak to them about something else and they bring it up, I'll just say I'm still waiting for the information I've asked for. The tenancy doesn't really have anything to do with them any more, after all.

DragonQ

OK I need some advice after I inadvertently got into a conversation with the letting agent.

They are adamant that the AST will not move onto a monthly SPT because it'd be based on the last payment, which was for 6 months. I pointed out that the agreement specifically says the rent is monthly and so that is the term but they disagree. They continually repeated the line that I have to either renew or move out because the tenancy will otherwise "just end". I asked if that meant I didn't have to pay rent any more since there'd be no more agreement (in a snide way) and they said "of course not".

It was made clear to me that the landlord really wants me to stay and they've even offered a rent reduction to re-sign but this'd require another up-front rent payment and, of course, tenancy renewal fees.

Can I be absolutely sure that they are wrong about the SPT not being monthly? I'll probably need to convince my landlord of this because obviously the letting agent is telling them (and me) differently.