Are these contract terms outdated?

SerialRenter

Morning all,

My fixed term has come to an end, so i'm on a periodic tenancy now.

It seems to letting agents don't want this and have sent me a supplemental agreement to extend the fixed term to two years and to raise the rent (in negotiations MSE style). I have two questions:

A) Is a supplemental agreement valid if its backdated to the last day of the fixed term, if the fixed term has already expired? Or would a new tenancy agreement be needed from a date that has not yet come to pass.

Can you confirm if these clauses are rubbish because they refer to a scheme that's no longer running? My bog standard AST tenancy started 2013.

ARBITRATION AND TDSRA

This tenancy is included in the Tenancy Deposit Scheme for Regulated Agents (TDSRA). A scheme that closed in 2006! The landlord and/or tenant must endeavour to notify the Member Firm that there is a dispute over the deposit as soon as possible and within 28 days of the lawful end of the tenancy and the vacation of the property (it is strongly recommended that such notification be given in writing).
The ICE reserves the right to decline to consider disputes which have arisen outside this timescale.

If, after 10 working days following notification of a dispute and reasonable attempts in that time to resolve any differences of opinion, there remains an unresolved dispute between the landlord and the tenant over allocation of the deposit it will (subject to paragraph below)
be submitted to the independent Case Examiner (ICE) of the TDSRA for expert, impartial third party adjudication. All parties agree to co-operate with this investigation.

Where the amount of dispute is over £5,000 the landlord and the tenant agree to submit to formal arbitration through the engagement of an arbitrator appointed by the ICE although
with the written agreement of both parties, the ICE may at his discretion accept the dispute for informal adjudication. The appointment of an arbitrator will incur an administration fee
of £235.00 shared equally between the landlord and the tenant; the liability for any subsequent costs will be dependant upon the Award made by the arbitrator.

mrginge

These agents are thick.
Throw this waste of paper back at them and tell them that they either
A. Leave you alone to continue on a periodic.
B. Create a new AST agreement (if you want the benefit of a fixed term).

somethingcorporate

Typical letting agents.

SerialRenter

mrginge wrote: »

These agents are thick.
Throw this waste of paper back at them and tell them that they either
A. Leave you alone to continue on a periodic.
B. Create a new AST agreement (if you want the benefit of a fixed term).

Heh yes, i did ask about going periodic when i moved in. They replied "We don't do statutory periodic tenancies", which i though was entertaining. I decided it was best not to antagonise them at the start of my tenancy by replying!

I'm not averse to going onto a fixed term as the break clause is reasonable. However i'm inclined to disagree with the rent increase when they're advertising an identical flat opposite for less than i'm currently paying! So i'm currently negotiating that.
I'm very very tempted to book a viewing to make a point.

I have to keep reminding myself not to antagonise them too much.:rotfl:

G_M

1) do nothing. Don't respond

2) if they contact you with a written reminder, do nothing. Don't respond. If they contact you by phone say you are thinking about it

3) do nothing. Don't respond

4) if they contact you with a written reminder, do nothing. Don't respond. If they contact you by phone say your partner/father/whoever is looking it over

5) do nothing. Don't respond

6) if they contact you with a written reminder, do nothing. Don't respond. If they contact you by phone say you've lost the paper and ask for a replacement

7) do nothing. Don't respond

8) if they contact you with a written reminder, do nothing. Don't respond. If they contact you by phone say your solicitor is looking it over and you'll get back to them

9) do nothing. Don't respond

10) if they contact you with a written reminder, do nothing. Don't respond. If they contact you by phone say your solicitor has advised you to request a new AST

etc etc

SerialRenter

G_M wrote: »

1) do nothing. Don't respond

I'll prep my invisibility cloak.

The other thing they have done, is to issue an invoice for the different between the contracted rent i've paid and the "new" rent (on the contract i've not signed or agreed to). Completely unenforceable i know. And i suspect it's just an administrative error from departments not talking to each other about ongoing negotiations.

But if they get more insistent, should i break radio silence to launch a complaint with them for the mistake/fraudulent(?) invoice? They are with ARLA.

mrginge

I would just continue to ignore them. If they want to increase the rent there is a process to go through. Let them figure out what it is.
Have you got the LL's address?

Soot2006

Is the cheaper, identical flat very close to you? Could you ask to move into that one for the cheaper price instead and then walk your belongings over, or is it not worth the hassle?

G_M

Just keep paying the original rent. If you pay the new rent you will be deemed to have accepted it.

If they wish to chase you for the difference, either now or at the end of the tenancy when you leave, they will have to do so either via the courts, where you enter your valid defence, or via deposit deduction, where you raise a dispute.

SerialRenter

Soot2006 wrote: »

Is the cheaper, identical flat very close to you? Could you ask to move into that one for the cheaper price instead and then walk your belongings over, or is it not worth the hassle?

Litrally across the road in an indentical block. But it's only £5 off what i'm currently paying, and considering the letting agent would charge me around £250 to do the references etc, it wouldn't be worth it.

And yup, i have the Landlords address. Should things get silly.

SerialRenter

Say for a moment they fix all the terrible terms in the agreement, and i had negotiated an increase both parties were happy with.

Would you advise me to sign a backdated suplemental agreement, or insist on a new agreement from a future date? Are there any issues with backdating if both parties agree? Or is it legally problematic in any way?

As it currently stands, i'd heard nothing until today after they said they would contact the landlord. Todays phone call from them confirms they hadn't done that, and were still insisting i pay the rent increase for the period i've been periodic and still insisting they "Don't do periodic, it's resign or eviction, no other options".
Responded pretty much with G_M's advice, so we'll see what they do next.