From rolling contract to shorthold tenancy agreement

jjlandlord

Why would you serve notice if you do not intend to leave? And especially why you give 2 months notice instead of 1?

G_M

ShAnE wrote: »

At the moment you are not within a contract for this property, your landlord needs to have a contract in place as do you."

Of course you have a contract. It is called a Statutory Periodic Tenancy as defined by the Housing Act 1988

You could either:

* put this to the agent or
* communicate directly with the landlord or

a) ignore
b) when they chase you, apologise and say you've lost the agreement
c) when they send a new one, ignore
d) when they chase you, apologise and sayyou've sent it to your legal advisor and are awaiting response
e) when they chase you, apologise and sayyour legal advisor is on holiday
f) when they chase you, apologise and sayyour legal advisor has suggested you stay on a SPT

etc. By this time 6 months will have passed!

As others have said, the agent is looking for fees. The danger is that if the LL is an amateur, or overseas etc, he will just do what the agent says. And the agent actualy makes more money by evicting a tenant and finding a new one (as he charges the LL for this).

If you can communicate direct with the LL this often helps.

For more info, 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?)

ShAnE

Thanks, I believe I can request the landlords details under Section 1 of the landlord and tenants act 1985. So once they reply to my last email I shall politely ask them for this and go from there.

ShAnE

jjlandlord wrote: »

Why would you serve notice if you do not intend to leave? And especially why you give 2 months notice instead of 1?

The LA claimed our two options were sign the agreement and pay up, or give notice. So if I took option B and gave 2 months notice on Oct23rd or 1 months notice on Nov23rd then the Landlord will almost certainly be stuck with an empty property over Christmas losing them more than £80 it would cost to extend the tenancy agreement.

It's unlikely this route will be needed. For now I have requested the Landlords details so I can send him a polite letter stating that we are happy where we are, and are happy to either keep the rolling contract going or enter into a fixed term agreement if they cover the admin fee.

stator

Put everything in writing and send it by post, not e-mail or phone.
Notice how she said they would "accept your notice", they did not say they would evict you. You haven't given notice, they can't assume it! If they want to evict you they will have to go through the normal channels.

Write back to them stating that you wish to remain in the property under the statory periodic tenancy that came into effect when the previous tenancy expired on X date.

fairy_lights

stator wrote: »

Notice how she said they would "accept your notice", they did not say they would evict you. You haven't given notice, they can't assume it! If they want to evict you they will have to go through the normal channels.

This.
They can't force you to give notice. My betting is that they want you to give notice and leave of your own accord, because if they serve you notice for refusing to sign another contract they are going to have to explain to the Landlord why they got rid of perfectly good tenants. Better to make it look like it was your own choice!

ShAnE

stator wrote: »

Write back to them stating that you wish to remain in the property under the statory periodic tenancy that came into effect when the previous tenancy expired on X date.

Thanks Stator, I have asked them to clarify if we can stay in the property under the statutory periodic tenancy agreement, and have also asked for the landlords details.

When I asked why the Statoury Periodic tenancy agreement was no longer suitable the LA reply was:
" I am merely informing you that you need to be within an extension agreement and advising you of your options.

It does not state within in the contract that it continues after the end date but it does state that you need to have an extension.

Therefore you are unprotected in that property as you are not currently tied into a contract.
I am trying to keep you as tenants protected as well as the landlady, she will need this contract for her mortgage purposes, which she pays a fee for as well as yourselves.

Would you like me to post a 6 or 12 month extension in the post?

Please return with payment.
"

So in my opinion they are definitely "bluffing" as she seems to be dodging every question I ask, and simply trying to scare me into signing the agreement.

EDIT: I totally agree fairy lights. Thanks for putting some of my fears at ease.

stator

I've dealt with my fair share of dodgey rental agents, this takes the biscuit. When you write to them make sure you mention that you are already covered by the Statutory Periodic Tenancy. When they figure out that you know what you are talking about they might stop trying to con you.

jjlandlord

ShAnE wrote: »

The LA claimed our two options were sign the agreement and pay up, or give notice.

Don't be a mug.

Will you really choose only between the two because that the only options they allowed you to choose from?

Tell them that you are happy to sign up for a new fixed term tenancy (if you indeed are) on the condition that the landlord pays any fee since he is the one requesting it.
Then ignore them.

ShAnE

So quoting the 1988 housing act and 1985 landlord and tenants act appears to have made them close up. As they didn't answer my question regarding being able to stay a tenant under the existing statutory periodic tenancy. Although they have answered the question as to why it is allegedly required.

"I will discuss the issue you have raised regarding the extension agreement with your Landlady.
I will get the information of the Landlady to you within 21 days.

The extension agreement is for mortgage purposes.

We have noted your email and we will reply to you with due course."