No tenancy contract for 2 years, signing of new demanded

crism

Hi all,
I have been renting a property for the last 5 years. First year as assured shorthold, then paid an agent "extension fee" but never received or signed another contract, and never heard back from them.
Every now and then I was asking landlord for some repairs or white goods replacement as old ones broke down, nothing over the top, just usual maintenance. Every time it took them ages to return to me/getting things fixed. Not to mention that there was no valid gas safety for almost 2 years which they failed to provide, and reacted only after I started pushing for it.
Just few days ago I wrote to the landlord that the place need some repairs, especially faulty hob that a gas engineer advised to replace as potentially unsafe (this some half a year ago!), but instead I was asked million questions re: how high is my rent and when my tenancy expire.
I told them that since a new tenancy agreement has not been signed , it automatically turned into a periodic tenancy, to which she reacted that "new tenancy needs to be signed with immediate effect", and "do we wish to stay or look for another place".
Now can she make me to sign new tenancy and does she have grounds for eviction if I will not? I'd rather stay on periodic as this gives me flexibility of a month's notice if I want to leave. If she want to serve us a notice (I gather it will be under section 21a), am I correct in thinking that she needs to give us 2 months statutory notice?
They also want to increase rent, which I think is retaliation for me asking for repairs.
I never delayed with rent, looking after property well, no nuisance for neighbors.

any advice would be greatly appreciated!!

saajan_12

crism wrote: »

Hi all,
I have been renting a property for the last 5 years. First year as assured shorthold, then paid an agent "extension fee" but never received or signed another contract, and never heard back from them.
Every now and then I was asking landlord for some repairs or white goods replacement as old ones broke down, nothing over the top, just usual maintenance. - did you report them formally in writing to the 'address for serving notices?
Every time it took them ages to return to me/getting things fixed. - they should respond in a reasonable time. How long is ages? did you chase using the Shelter process?
Not to mention that there was no valid gas safety for almost 2 years which they failed to provide, and reacted only after I started pushing for it.- if they refuse, then get a gas safety check yourself. No you shouldn't have to, but its for your own safety.

Just few days ago I wrote to the landlord that the place need some repairs, especially faulty hob that a gas engineer advised to replace as potentially unsafe (this some half a year ago!), but instead I was asked million questions re: how high is my rent and when my tenancy expire. you can answer those, but keep chasing the repairs.
I told them that since a new tenancy agreement has not been signed , it automatically turned into a periodic tenancy, to which she reacted that "new tenancy needs to be signed with immediate effect", and "do we wish to stay or look for another place".- ignore them, it is on a periodic tenancy. The terms depend on whether anything was mentioned on the last fixed term agreement about a subsequent Contractual Periodic Tenancy. Otherwise, you have a Statutory Periodic Tenancy.

Now can she make me to sign new tenancy - no
and does she have grounds for eviction if I will not? - yes, it is her choice whether to contiune to rent to you and can begin eviction proceedings (by serving Section 21 notice which doesn't need grounds and getting the courts to evict.
I'd rather stay on periodic as this gives me flexibility of a month's notice if I want to leave.- careful, on a SPT it's 1 tenancy period's notice, on a CPT is whatever it says on the contract. If she want to serve us a notice (I gather it will be under section 21a), am I correct in thinking that she needs to give us 2 months statutory notice?-on a SPT she has to give 2 calendar months notice (so can be part way through rent periods). On a CPT it's whatever it says on the agreement.
They also want to increase rent, which I think is retaliation for me asking for repairs. They can increase the rent, via a Section 13 notice if you disagree and they are likely to be successful if the increase is reasonable. However, there may be protection for retaliatory rent increases, provided that you reported the repair issues in writing prior to the rent increase, and provided the council place an improvement notice.

I never delayed with rent, looking after property well, no nuisance for neighbors. - as you should, there are no prizes for not being late / nuisance.

any advice would be greatly appreciated!!

Yes, they can increase the rent or evict you if the repairs aren't too serious or weren't properly reported. While eviction would be more costly to the Landlord, an agent may convince them as they get more fees, or a LL may go for a rent increase. Going forward, report any repair issues to the LL and read up on the Shelter process for this. However try not to let things get too hostile