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

ValHaller

soutram wrote: »

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

A court ruling is not legislation. The legislation is not in place. Liars. Pants on fire.

G_M

soutram wrote: »

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

They are referring to (possibly) the Localism Act 2011 (section 184 - updates to deposit scheme rules), and the case of Superstrike Vs Rodrigues, which relates to Re-issuing PI (when renewing a tenancy).

* Yes, a Periodic Tenancy (rolling) is a new tenancy.
* No, a new contract or tenancy agreement is not required
* But yes, it is advised that landlords (or their agents) re-issue the Prescribed Information
* this is only advice,since the law is unclear - and will remain unclear until a case goes to the Court of Appeal and a firm ruling is made

* If the landlord is willing to risk the possible consequences of not re-issuing the PI, that is his choice
* If not, he should either re-issue, or instruct his agent to re-issue
* if he instructs his agent to re-issue, that agent may charge him for doing so

But unless the original tenancy agreement, which the tenant agreed to by signing originally, includes a clause allowing for an admin fee to be charged to the tenant for re-issuing the PI, then no such fee can be charged to the tenant.

Write to the agent asking them to point you to the clause you agreed to in the TA.