Renting question

G_M

kimplus8 wrote: »

Term of tendency

The rent is £750 p payable in advance
The tenant shall pay to the agent the sum of £4,500 in advance by 30 May 2016 for the period 30 May 2016 to 29 Nov 2016.

The terms are very clear.

One payment on 30th May to cover 30th May till 29th Nov. I assume you made this payment, so that term is now satisfied and no longer relevant.

Monthly payments of £750 in advance.

So if no new contract is signed, and the tenancy becomes periodic on 30th Nov, then you will need to pay £750 on 30th Nov, 30th Dec, 30th Jan etc until the tenancy is ended by either the tenant, or a court. (or until the rent is changed)

As the link in post 4 explains, this happens automatically. No agreement is needed. However a periodic tenancy is by definition less secure.

kimplus8

That's great- Thankyou. Last time the agent said I had to renew again and I knew no better.
they said my tenancy ended on 29 th may so if I didn't pay another 6 months and renew I was effectively giving notice??
Is this true?

kimplus8

How do I know the tenancy becomes periodic if it doesn't specifically state that??

G_M

kimplus8 wrote: »

That's great- Thankyou. Last time the agent said I had to renew again and I knew no better.
they said my tenancy ended on 29 th may so if I didn't pay another 6 months and renew I was effectively giving notice??
Is this true?

No.

How do I know the tenancy becomes periodic if it doesn't specifically state that??

Because you read it in the link provided to you.

You have read it, yes?

(if not, stop asking questions, read it, and then ask if you still don't understand).

kimplus8

I have read the link and I get that it automatically becomes periodic but my letting agent is saying that's not correct. Will the landlord therefor need to serve me with a s21 or can they just change the locks?? If I leave without going to court I'll loose my place on the council waiting list I think. If the landlord obtains a court order then my local housing authority will have a duty to house me. I am petrified of being homeless within kids and a brand new baby

Guest101

the ONLY way a LL can end your tenancy is by going to court, anything else would likely be illegal eviction - a criminal offence.

Pixie5740

Statutory Periodic Tenancy, the clue is in the name, it is statutory law. How from G_M's link you think the LL could just change the locks on you I do not know. No, the LL cannot just change the locks and would have to issue notice and then go to court to get an eviction notice if he wishes to evict you. The LA is talking out their hoop but if you don't believe us phone Shelter.

martindow

I would stop talking to the agent and speak directly to the landlord. If you explain that you wish to stay but don't want to pay the agent unnecessary money he may be quite pleased - no doubt he will also be charged for a renewal.

GM recommends taking cake along which can only be a good thing!

Edit: I would avoid saying the reason is that you can't get 6 months rent together.

kimplus8

Thanks for your replies. I don't have any contact details for the landlord as everything is done via the agent. I am just going to say that I don't wish to renew and I will let it roll onto an AST. They will then have to decide to keep it that way or get the landlord to obtain a court order.

G_M

kimplus8 wrote: »

Thanks for your replies. I don't have any contact details for the landlord as everything is done via the agent. I am just going to say that I don't wish to renew and I will let it roll onto an AST. They will then have to decide to keep it that way or get the landlord to obtain a court order.

Since it seems from what you say, that the agent either

* is ignorant of the law and how periodic tenancies work, or
* understands but has been lying to you (hoping you'll believe them and pay their renewal commission)

I suspect that saying " that I don't wish to renew and I will let it roll onto an AST." will result in further argument and attempts at persuading (or threatening) yo. You might do better to do/say nothing. Ignore their letters. If they phone, say "Sorry it's a bad time. I can't talk." then hang up. Just let the fixed term end without saying/doing anything (apart from continuing to pay rent!).


The Landlord & Tenant Act 1985 section 1 says:

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.