Are these contract terms outdated?

G_M

theartfullodger wrote: »

I'd say true & would back Shelter Legal against the internet spume of landlord/agent posts.... But until a test case we won't know for sure.

The chances of tenants getting the wording, dating & service correct may not be that great, however...

Thought you were a LL GM and that Shelter didn't advise LLs....

Cheers!

Shelter did not ask the background to my enquiry, or my status, but seemed happy to go away and consider the hypothesis, and then respond!

I would certainly be interested in hearing of any case that had been to court (ideally a higher court setting precedent, but failing that a lower court) where notice on day 1 of a SPT had been either dismissed or upheld.

SerialRenter

Quick update nearly 6 months down the line.

The letting agents finally gave up phoning us up around twice a week and sending us invoices for rent arrears after about 4 months. Very persistent!

It's been quiet for nearly two months, until yesterday when another invoice landed at my door, giving me 7 days to pay.
The rent arrears has disappeared from it and a new charge has appeared.
£30 (£25+VAT) for the renewal, that i didn't sign, agree to or ask for.

Sigh.... back to ignoring i go.

I take it the clause wouldn't be applicable as periodic isn't strictly a "further term"?

"It is agreed that the tenant shall pay an administrative renewal fee of £25.00 plus VAT to X prior to the commencement of a further term."

Out,_Vile_Jelly

OP, have you contacted your LL? I sent a polite letter to mine, confirming that I was happy to go onto a periodic tenancy, meaning both of us avoided the agent's fees and enjoyed the same terms. The agent tried to tell me it was "illegal" for me to contact the LL directly (!), but soon stopped harrassing me once they'd been told to stop by him.

G_M

As OutVile says - contact the LL as preiously suggsted if not already done.

A polite friendly letter (even phone call if you can find the number).

The Landlord & Tenant Act 1985 Section 1 says the agent must give you their address if you write and ask for it. But don't expect this agent to know this or agree! Getting someone to prosecute if they refuse is also difficult.

The alternative is a short uncomplicated reply direct to the agent (once only):

dear Mr Agent,

Further to your invoice dated xx/xx/15 for £x, please note that no renewal fee is due. I did not renew or extend the term of the original tenancy when it expired on xx/xx/14. On xx+1/xx/14 a Statutory Periodic Tenancy arose, for which no fee is due.

your sincerely

A Tenant

UnsureTenant

G_M wrote: »

Shelter Legal gave me a fairly catagorical answer on a matter jjlandlord & I had debated (disputed), namely a tenant's ability to end a SPT at the end of the first period.

Is there another thread about this issue? I ask because it sounds similar to a dispute I am currently involved in!

G_M

UnsureTenant wrote: »

Is there another thread about this issue? I ask because it sounds similar to a dispute I am currently involved in!

I'm afraid the debate on this issue has recurred in several threads, but always on a theoretical/academic level.

There has not to my recollection been a thread where a tenant was in this precise position, and where an outcome/resolution can be refered to.

If you have a specific dispute, I suggest you strat your own thread, provide full details, and see where it goes.........