Statutory Periodic Tenancy Agreement

tonyjduk

good evening,

I'm currently coming to the end of a 1 year tenancy agreement. Having previously rented in the past, I naturally assumed after the initial term (1 year) that this would then revert to a periodic agreement with either side giving 1 month's notice, with no changes to the terms and conditions (other than a potential for a rent increase).

The letting agent has informed me:

There will be a slight increase to the rent of £10/month, and that I'd be required to sign up to another fixed term tenancy (started at 1 year, and now they have offered 6 months) or I move onto a Statutory Periodic tenancy agreement, but they will apply a further £50/month as a result.

I have been paying £400/month and have questioned the validity of the additional £50/month, but the letting agent appears to be providing the same statements

"As I have said in my previous email, in certain circumstances we will allow tenants to remain on a Statutory Periodic Tenancy. As mentioned, your landlord prefers a fixed term tenancy and the £50pcm is calculated by them as a fee for allowing tenants to do this."

Is this fair and what course of action do i have to dispute this charge?

jbainbridge

I take it there will be an admin fee for them kindly agreeing to draw up a new contract?

Are you able to contact the landlord direct and discuss it?

tonyjduk

Strangely, they aren't charging me any admin fee to draw up any additional contracts. However I've been asking for the landlord's contact details to discuss directly, and as yet they've failed to either supply this info or come back with an answer to my request!!!

His_Dudeness

That's a new one...

Although (of course?) the agent cannot write properly, IMHO this should be interpreted a different rent increases depending on whether you sign up for a new fixed term AST.

The trick is that, if a statutory periodic AST is created, you are not bound to an higher rent unless you agree to it and start paying it.
They would need to give you a formal s.13 notice once the periodic tenancy has been created in order to 'force' the rent increase.

Pixie5740

Is that a pig that just flew past my window? No, it's a letting agent not charging renewal fees. For now at least anyway.

It doesn't make much sense though. The landlord prefers a fixed term tenancy and wants to increase the rent by 12.5% for the privilege of getting his own way? How generous.

It's a gamble. Do nothing, start a SPT anyway and see if the LL/LA goes to the effort of a Section 21 and then court.

G_M

You can

1) do nothing. Move to a SPT (monthly) at the current rent and wait for either a
* S13 Notice to increase the rent or
* S21 Notice to start eviction (2 months etc)
either of which you might or might not get.

Deposit paid? Protected properly?

2) sign a new 6 or 12 month agreement, at whatever rent you negoiate

Have you plans to move/stay long-term? Does flexibility (to leave) help you? Does security from eviction appeal to you?

Have you also checked out rents locally for similar properties? Is your rent the market rate? Lower? Higher?

Read:

* Ending/renewing an AST: what happens when a fixed term ends? How can a LL or tenant end a tenancy? What is a periodic tenancy?

* Deposits: payment, protection and return

As for the LL's address, have you written to the agent requesting it and quoting the Landlord & Tenant Act 1985 ?

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.

tonyjduk

deposit paid and secured.

I was looking to move into another area, so in theory i could just give them 4 weeks to move out, but i was hoping to have more time to look for the new accommodation - rather than feeling like a gun is being held against my head.

It's not like I'm a scally. I'm an Head of IT for a very large company nearby, and its not like i'm looking to get evicted, I thought having rented 10 years ago, that tenancy agreements would just roll over to a periodic without any hassle.......... obviously things have changed (for the worst)

G_M

The law about 'rolling over' has not changed - but some LL's/agent's attitudes have.

4 weeks? Do you pay your rent weekly then?

tonyjduk

Monthly, the first of the month, and the years tenancy runs out on the 12th October - so therefore I thought from the 1st 4 weeks to vacate.

Which given all of your brilliant advice, It looks like I'll be vacating and raising 2 fingers up to Urban Splash (the LL).

Pixie5740

So did your tenancy start 13th October?

You can either leave 12th October with no notice. Stay in the property on a SPT. Even if you are served notice straight away you'll still have a few months before it gets to court to find somewhere else to live.


If you read G_M's link then you'll see that if you remain in the property after 12th October you'll start a SPT and you can't give notice to end a tenancy that hasn't started yet. When you do come to serve notice it will be one rental period (coincides with date tenancy started not the date rent is paid) of notice (1 month in your case because you pay your rent monthly) not 4 weeks.

G_M

tonyjduk wrote: »

Monthly, the first of the month, and the years tenancy runs out on the 12th October - so therefore I thought from the 1st 4 weeks to vacate.

If the 12 month tenancy ends on 12th October (so it started on 13 Oct 2014?), then you can leave and end the tenancy on 12 October. NO notice is needed as the .... 12 month contract will expire naturally.

If you stay a day longer, a SPT will arise and notice is then a full tenancy period ending on the 12th of the month.

If you pay rent on the 1st of each month that does not affect either the end of the 12 month contract or the subsequent tenancy periods, but you'll need to adjust payments to cover from the 1st to the 12th.

see

* Ending/renewing an AST: what happens when a fixed term ends? How can a LL or tenant end a tenancy? What is a periodic tenancy?

edit: quick typing pixie!