Tenancy renewal advice needed

Lauree

Hello, I really hope someone can help me with my rental situation. I am a tenant through an estate agents. It's a joint tenancy with my mum and we both recieve housing benefit. I passed both parts of the reference but my mum failed the credit check. Therefore we had to pay the full Tenancy term up front which was 6 months. The tenancy is due to come to an end in June but I have seen online that if you do not renew it automatically goes into a periodic tenancy under the same terms as the 6 month Tenancy. I have looked through the entire tenancy agreement and under the terms it states rent payable on the 12th of every month, no where does it mention having to pay the 6 months up front. So my question is, if we allowed the tenancy to become periodic would we just be expected to pay monthly on the 12th? I've recieved a email from the estate agent and part of it says "Your!tenancy was originally set up with you paying the whole rent in advance for the term of the!tenancy. If you wish to proceed with an extension your rent payment options are as follows"!
Their options were pay the 6 months up front again & pay their £120 renewal fee or be re referenced with the possibly of passing to then be able to pay monthly. Re reference fee would be £300.!
I know for a fact my mum wouldn't pass. So I was just wondering are they our only options that they have put in the email or could we go onto the periodic tenancy as I've heard online? It's just I know they set up the tenancy as 6 months up front and that'll be in their records however it isn't stated in the tenancy agreement we signed it's just in their computer system. Any advice is greatly appreciated.

!!!8203;!!!8203;!!!8203;!!!8203;!!!8203;!!!8203;!!!8203;Additional information if wanted -!
I spoke to the landlord about it the other day when I met him for the first time and he did say he prefers the security of knowing how long a tenant will be there. I did however put our option across that it'd be so much easier to pay monthly and also not have to worry about the agent fees. I explained we're long term tenants having stayed in our previous rentals on a rolling contact for 12 & 5 years respectively. He said he'd have a think about it and discuss it with the agent. He had come round to just view the property and meet us face to face. He was very happy with the condition of the property and pleased that we are already settled. I just want to make sure I'm not being a smart a*** and trying to get out of the fees when I can't. I don't want to risk the tenancy but going monthly would be a massive help with my health problems. If I'm not jumping the gun then I have drafted a reply to the estate agent that would say "Hello, we are happy with the existing terms and conditions of the tenancy. Therefore we would not like to renew and want to let the tenancy go into a statutory periodic tenancy as allowed in section 5 of the Housing Act 1988. I have had a brief conversation with the landlord about this possiblity and would be happy to discuss this further with him if required. Thank you" what do you think of that response?
Sorry I've wrote so much, hopefully I haven't bored you away as advice is very much needed. Thank you in advance!!

Pixie5740

Assuming this is in England or Wales then you are correct and that a periodic tenancy is an option despite what the letting agent may or may not say.

Read G_M's Guide to Ending/Renewing an AST for further information.

G_M

That's an excellent guide and will tell you everything you need to know.

On the assumption that it answers your queries, a modest donation to https://www.myeloma.org.uk/ would be appreciated.

If, on the other hand, you find the guide confusing, or (worse) erroneous, then a PM will lead to improvements in the guide!

jonnygee2

You could sit tight and refuse to sign anything. Your tenancy will become a periodic tnenancy which is what you want.

BUT the landlord will have the right to serve two months notice, which he is likely to do straight away if he isn't happy with the situation. Given what you've said, it may be difficult for you to find a place elsewhere, so negotiation/agreement is key.

I think you should push the Landlord and the Estate Agent simultaneously for the ability to sign a fixed term contract, but one in which you do not have to pay the rent in advance, which would seem ideal for both parties.