Contractual v Statutory Periodic Tenancy

rabster

My 12-month AST expired a couple of weeks ago. Shortly before expiry I confirmed to the agents that I did not want to renew but was happy to stay on a periodic tenancy, and they confirmed that the landlord was also happy with this.

They then sent me a "Memorandum of Periodic Agreement" for signature, which states that the tenancy is renewed on a contractual periodic basis, terminable on 2 months notice by the landlord or 1 month by the tenant, expiring in either case on the last day of a rent period.

I have not yet signed this and, as I understand it, there is no need to do so as a statutory periodic tenancy already exists with the same effect. However they are now chasing me to sign the document. Is there any downside to doing so just to keep them happy?

booksurr

whilst everyone needs to earn/make money to live you are quite right to regard this as a pointless exercise done on so the agent can charge fees to someone, presumably the LL in this case since they haven't mentioned any to you

ignore it and carry on into your SPT

stator

Are they attempting to charge you a fee for this?
They are probably trying to charge the landlord one.

Did the AST contain any clause which stated what would happen at the end of the assured period? If so you might already be on a contractual periodic tenancy. If it did not then you are already on a statutory periodic tenancy and signing a contractual periodic would be pointless.

rabster

Thanks both.

They haven't mentioned anything about a fee, though on checking the original TA there is a clause that says the fees of any renewal memorandum are to be shared equally between LL and T. There is also another contradictory clause which says the T has to pay the fees of any renewal memorandum as notified prior to commencement of the original tenancy. I have also now found a brochure they sent me before I moved in, which mentions fees for a renewal including de/re-registration of deposit are £133 + VAT. So it may be they will come after me for this in due course.

I don't see anything in the original TA which suggests a contractual periodic tenancy would come into force upon expiry of the initial term.

On the basis of the fees above it sounds as though continuing to ignore them will be the safest course of action.