Coming to the end of Renting contract & want to a rolling tennancy

soutram

Hi all

I hope someone can give me a bit of advise, me and my partner have rented several different houses over the years & after the initial 6 months we always go to a rolling contract with no fees to pay or new contract to sign.

A few years ago we moved into a new house and after the first six months we decided to sign another 12 month contract at the cost of £60 & signing a new contract, we have done this twice, this year I have got fed up of the agents hassling me 6 moths before we are due for renewal & decided to tell them I just want to go to a rolling contract - figured the £60 is better in my pocket & dont have to bother with the paper work & agents again.

They have turned round and said "there has been a change in legislation" & to move to a rolling contract we have to sign yet another contract and pay yet another £60 - never had to do this before - is this true or are they just trying to get more money out of me?

Really could do with the £60 for xmas

Thanks
Sarah

ValHaller

Yes there have been many changes in legislation - our parliamentarians have not been idle. But there has been no changes whatsoever which require you to sign a new contract. In your position I would hang them with their own rope:

Dear <Letting Agent>

On <date>, <office person> advised us that the reason we were required to sign a new contract for <address> was new legislation. However we would prefer to continue with a Statutory Periodic Tenancy under current legislation. If you can identify new legislation to us which requires us to sign a new contact, we would then consider our options.

Yours sincerely

<soutram>

soutram

I did think it sounded a bit weird, I have spoken to a estate agent friend & she said it didnt sound right either.

Our Landlord is coming over on Monday and we are quite friendly with her so Ill think ill mention to her what is going on & that we do want to stay in the house but will be fighting the payment with the letting agents

Thanks for the help

Sarah

ValHaller

Ah, if you are on good terms with the LL, ask her directly if you can go Statutory Periodic. She is probably being ripped off by the Agent charging her every time you renew.

It may be that the Agent has told her some lies too - typically that you cannot evict a tenant once the contract is up - or that the rent cannot ever be increased - or that the terms and conditions immediately become unfavourable to the Landlord. The truth is that the terms and conditions remain the same as during the fixed period of the contract apart from notice which becomes 2 months from LL and 1 month from T - and there is a process to increase rent.

soutram

The LL has already said she is happy for it to go to a Statutory Periodic think ill email the agents back and ask them to show me the legislation change and have a word with the LL to let her know whats going on

Thanks again

G_M

If both you and the LL are happy with a periodic tenancy, all the LL has to do is write to HIS agents INSTRUCTING them (yes, they work for the landlord!) to take no action and allow the tenancy to become a SPT.

There is no 'new' legislation.

Read:

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?)

soutram

After contacting the agents and asking for the paperwork regarding this new legislation I have finally herd from them this is what they are saying

"The change is in its early stages and all tenancies including periodic tenancies are considered new agreements whereby The Prescribed Information and the deposit has to be re-registered. This had come about as a result of the recent case relating to the deposit with the Rodrigues case.

Therefore tenancies can no longer continue without new paperwork being drawn up to include the Prescribed Information to which there is administration fee of £60"

They still have not provided me with proof of this new legislation so what do I do now?

Thanks
Sarah

zappahey

When a similar thing happened to me, I just ignored them. No matter what they might ask for, it becomes an SPT the moment the existing AST ends.

Just for clarity, does your contract say anything about fees to change to an SPT? That would give you an idea of how much of an argument they might put up.

gordonbennet

Cheeky so and so.s. They don't miss a trick do they?

While it is true that landlords have recently been advised to re-register the deposit when the tenancy becomes periodic (or confirm the continuation of the tenancy in the case of my.deposits.co.uk) and to re-issue the prescribed information, that is the landlord/agents responsibility and not that of the tenant! Tenants do not have to pay for the landlord to meet their obligations.

Politely refuse and say that you have agreed with the landlord for the tenancy to become periodic.

Interesting one though. I wonder how may other agents are saying the same thing.

soutram

Thanks

Thats what I thought, everywhere I read about this case says its about protecting the landlord so why should I have to pay for that.

I have spoken to the landlady & she is not happy with them, think ill inform her of the latest development and get her to sort it with them

Thanks for the help
Sarah

SurferDan

Visit the DPS website:- deposit protection.com and search for their advice leaflet about the Superstrike Ltd vs. Marino Rodrigues judgement :- DPSMSC0007v1F
I don'tsee anything there that says the tenant has to sign a new contract or pay any renewal fee if they wish to continue a tenancy after the AST has ended.