Can I force periodic tenancy agreement, even with a rent increase?

chequer71

Hi all,

Hoping someone can help me here, will try and keep it as brief as possible.

We moved into current London flat mid-November 2012. Just had a call from letting agent saying the contract expires on mid-December this year and we need to renew (one month late actually - they're incredibly incompetent agents, but that's another story).

Landlord wants to up the rent. We're fine agreeing to the increase (though ideally might knock it down a bit), because we've a baby on the way and are looking to move into a new build around July-ish (not guaranteed but if not then we'd be looking to buy asap from then anyway). So we don't really want the hassle of looking for another rental place in the meantime but also don't plan to stay here for another 12 months (and obviously don't want to pay any renewal fees if they can be avoided).

I understand, from reading other threads on here and articles, that we dont' have to agree to a new fixed-term contract and can just slip into periodic tenancy (thereby also avoiding any fees), but how would this tie in with a rent increase because wouldn't there be a new contract signed for that?

Hope that makes some sense?

Any advice hugely appreciated.

ihatemyhouse

don't have to sign a new tenancy, just let the other one run, if they not happy, say evict me then, and it will take about 4/5 months to get a court order to get you out,

chequer71

With the baby due we're not really minded to be too aggressive about it all, so we're quite happy to pay an increased rate on a rolling basis. In this area it would be absolutely no trouble letting on the property and very quickly (the better ones tend to get taken before they even get properly listed). So really, the landlord hasn't got much to lose - we've always paid on time and caused no hassle.

But I can see the agents kicking up the fuss as they greedily eye their extra fees and fixed contract traps.

Guest101

chequer71 wrote: »

With the baby due we're not really minded to be too aggressive about it all, so we're quite happy to pay an increased rate on a rolling basis. In this area it would be absolutely no trouble letting on the property and very quickly (the better ones tend to get taken before they even get properly listed). So really, the landlord hasn't got much to lose - we've always paid on time and caused no hassle.

But I can see the agents kicking up the fuss as they greedily eye their extra fees and fixed contract traps.

Your already in a periodic tenancy from what I can see. So I would ignore the agents.

mrginge

ihatemyhouse wrote: »

don't have to sign a new tenancy, just let the other one run, if they not happy, say evict me then, and it will take about 4/5 months to get a court order to get you out,

Superb advice there.

Alternatively, have you discussed your plans with the LL?
If you are happy to pay the increase but want to stay on an SPT this may be quite acceptable to them.

chequer71

Thanks for all the responses.

Yes, I suppose we've been in a periodic tenancy for the last month effectively.

My problem is over the contract status. I'm not really understanding how that works. We're fine with paying the extra £ per month for a while because we know it's short term and it'd be cheaper (and considerably less hassle at this time) than moving to another rented property with all the initial admin costs. But the agents deliberately won't give us the number of the LL, insisting we deal through them. Can we just up the direct debit to the requested fee, not sign anything to say this is what we are doing (less this incurs a stupid "admin" charge), and then just give the notice when we're ready to leave?

Is that too simple to be true or am I over-complicating things by thinking otherwise?

G_M

If your original fixed term has already expired, you now have a Statutory Periodic Tenancy.

Your rent on the periodic is as before.

If the LL wishes to increase the rent on a periodic tenancy.... read link below.

If you want to sign a new FT, at a new rent, that is your choice - you cannot be forced.

If you decline, the LL can serve notice in the usual way - see link below.

Rent increases (how and when can rent be changed)


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?)

moromir

chequer71 wrote:

But the agents deliberately won't give us the number of the LL, insisting we deal through them.

Please remember that a lot of landlords employee agents because they don't want the confrontation of dealing with tenants direct, ergo the instruction not to divulge their phone number may well be coming from the landlord and not the 'baddy' agent.

dancingfairy

If your landlord wants to increase the rent he has to go about it in a certain way (as Gm has pointed out), however if you are happy to pay the extra I can't see why you can't just set up a Standing Order for the new amount.
df

G_M

As for contacting the landlord direct, the Landlord & Tenant Act 1985 says:

1 Disclosure of landlord’s identity.

(1)If the tenant of premises occupied as a dwelling makes a written request for the landlord’s name and address to—
(a)any person who demands, or the last person who received, rent payable under the tenancy, or
(b)any other person for the time being acting as agent for the landlord, in relation to the tenancy,
that person shall supply the tenant with a written statement of the landlord’s name and address within the period of 21 days beginning with the day on which he receives the request.
(2)A person who, without reasonable excuse, fails to comply with subsection (1) commits a summary offence and is liable on conviction to a fine not exceeding level 4 on the standard scale.

chequer71

Absolutely brilliant. What a wealth of information! Thank you for all the contributions - especially G_M's info.

I'll be speaking to the agents tomorrow with a lot more confidence in my various options.