AST length changed without consent

LGTH

Hi All,

I have a situation with my Rental agency. 
My AST end date was on 1st August. on that day I have received a Text from my Rental agency advising there will be a rent increase and asking if I want to renew. 

I called them and sked why I am getting this notice on the last day of agreement to which they were vague and said ok the rent would be increased from September.
I also told them that I want to renew AST for 6 months only and asked to send the agreement to me.

Today 1.5 months later I have finally received AST agreement which has been done for 12 months without my knowledge or consent. 

I have called rental agency again and asked if they remember what was agreed, i.e., 6 months term and why it took them 1.5 months to send AST paperwork through.  They again were vague and said that member dealing with paperwork perhaps did not update something on the system and said they will be resending paperwork.

Is this a normal practice and does that mean I am stuck with 12 months agreement as 6 month term was agreed verbally only? 

Any advice or experience with things like that?

Slithery

Have you signed the new agreement?

LGTH

No, I just received it today only thought the post. 

Also forgot to mention that the start date changed from 1st August to September 1st 2021 for 12 month term. 

SpiderLegs

Tell them you are happy to continue on a periodic tenancy so will not be signing the new AST.

LGTH

Ok, another question is

since I made a increased rent payment, would it not legally binding as if I have accepted the renewal terms for 12 months? 

It seems Rental agency were waiting for me to make rent payment and only then sent new AST through. 

[Deleted User]

LGTH said:

Ok, another question is

since I made a increased rent payment, would it not legally binding as if I have accepted the renewal terms for 12 months? 

It seems Rental agency were waiting for me to make rent payment and only then sent new AST through. 

No. By paying the increased rent, it is only indicative of your acceptance of the increase. There is no 12 month contract in place, short of you signing it. The original tenancy agreement, remains current. You are most probably best placed to sign nothing and continue, with in reality no prospect of being compelled to leave anytime soon.

LGTH

Thing is original (previous) AST was for 12 months.
This new one states it is for 12 months and then monthly contractual periodic. I am reading it as fixed term for 12 months and then renewing for another year and so on. 

canaldumidi

When your original fixed term ended (1 Aug) you immediately sarted a periodic (rolling) tenancy at the same rent and conditions as before. This can continue for ever or till either i) you serve notice or ii) the LL obtains a court order to end it. See my detailed post here:Post 4: 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?

I'm afraid by paying the new rent you have legally agreed to it and it is now binding. See my post here:Post 5: Rent increases: when & how can rent be increased?

If you have not signed the new 12 month contract, it has no legal force. You can now either

1) sign it or

2) ignore it and remain on a periodic tenancy or

3) ask for a 6 month fixed term, which they might or might not give you

canaldumidi

LGTH said:

Thing is original (previous) AST was for 12 months.
This new one states it is for 12 months and then monthly contractual periodic. I am reading it as fixed term for 12 months and then renewing for another year and so on. 

No. It is fixed for 12 months and then periodic (rolling monthly) as explained above and in my post (read it!):

Post 4: 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?

LGTH

Thank you for your advice.
While I am not entirely happy with the increase, I can live with it as long as I am not stuck with 12 months term. 
I am looking to move out as soon as possible anyway due to various reasons - such as not repairing things I have asked for and suspect not protecting deposit, etc. 

Slithery

LGTH said:

I am looking to move out as soon as possible anyway due to various reasons

Then why did you ask for a 6 month contract instead of just letting it go onto a rolling tenancy?