I want my tenancy to remain periodic but …

I want my tenancy to remain periodic but …

8:16 AM, 16th April 2014, About 10 years ago 72

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I’ve received a letter from my letting agency (not going to name them) saying that the guidelines and regulations have changed regarding my tenancy going to periodic. I want my tenancy to remain periodic but

I pay monthly so does not seem to make sense to me. Then it goes on to say I might, in the next few months, have to sign a 6 months tenancy and thereafter it will change back to monthly after that all because of this change.

I’m not happy with my landlord as I have been in the property for 2 years and have asked for work to be done (basic maintenance to the building such windows and damp which is up to him as the landlord) and nothing been done. Due to my circumstances though I’m stuck here for now.

Can they make me sign this 6 months agreement?

They have breached their side of the contract and it seems the law favours the landlord.

I’m stuck and would like advice as I have always paid my rent and due to my current position I would find it hard to move so I’m stuck in catch 22.

Any advice please would be much appreciated.

Many thanks

Michelle


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Comments

Mark Alexander - Founder of Property118

9:47 AM, 16th April 2014, About 10 years ago

Reply to the comment left by "Romain " at "16/04/2014 - 09:40":

I agree but they could serve notice simply by returning the deposit as opposed to creating a new tenancy which would mean they can't even begin to seek possession on section 21 for at least 6 months.
.

Laura Delow

9:49 AM, 16th April 2014, About 10 years ago

Ha ha!!! We're all saying much the same one way or t'other and sadly any advice we're giving may be of no value until Michelle reverts to us with more clarity over the deposit, the repairs not carried out & whether she is likely to want to move on earlier than 6 months from now, cause if not, why not sign a new AST? The Agent's probable motivation to earn a renewal fee is not what's in question here & doesn't need a new AST to re-register (if it was ever registered previously) a deposit & (re)issue the PI & we don't know if the landlord wants possession. Shall we wait & see what Michelle says. If she doesn't revert then we've wasted our breath that one day we might need!

Romain Garcin

9:52 AM, 16th April 2014, About 10 years ago

Reply to the comment left by "Mark Alexander" at "16/04/2014 - 09:47":

That's right.
If they are happy for Michelle to stay longish term, creating a new tenancy seems less onerous than returning the deposit.

As for the 6 month term, many people seem to think that this is the minimum they can do.

Mark Alexander - Founder of Property118

9:53 AM, 16th April 2014, About 10 years ago

Reply to the comment left by "Laura Delow" at "16/04/2014 - 09:49":

Hi Laura

I can see that Michelle is signed up to receive comment notifications so we can be quite certain she's reading them but whether or not she will comment is another matter entirely.

I hope she will.
.

Gilly

9:53 AM, 16th April 2014, About 10 years ago

I am not sure what you think this Agent has done wrong - yet. The Agent has advised a tenant that the guidelines have changed regarding tenancies which go from a fixed period to statutory periodic. Correct. They have.

If they inform the body with whom the deposit is registered, it will make the enormous difference of issuing another certificate bearing the words Statutory Period Tenancy on it. I scrutinised the document and yes, that was it, those three words. Yet another expensive court case regarding this ridiculous legislation resulting in just three words. The prescribed information has to be re-issued even though this may be up-to-date. I forwarded to my tenants a copy of the information that mydeposits sent to me, as a matter of course - but then had to send the exact same thing again a few weeks later, just in case, when this changeover happened to one of my tenants.

As Michelle's tenancy has been for two years, it is likely that the Agent did not do this in time and is now panicking. In my view, this is one of those things that people can easily miss (though anyone calling themselves an Agent should know better and it would never include the knowledgeable readers of this site of course 🙂 If a deposit is protected, does it really matter in the greater scheme of things? I suspect the Agent is doing a bit of research and realises that if they re-register the deposit and a new fixed tenancy agreement is signed, the problem may go away or at least be buried. They have only said they "might" want to issue a new tenancy agreement, but if Michelle doesn't want to enter that agreement then she doesn't have to and can refer them to the relevant deposit scheme/regulatory body as IO suggests.

Damp (as long as it's not the dreaded condensation) and windows are a different, separate matter, surely, and need to be sorted whatever the state of the tenancy.

It's funny, though, how just about any tenant who is in arrears raises damp or repair problems, whether they exist or not - (I am not implying that this is what Michelle is doing, sorry if it sounds that way - it's the muddling of the issues that I am trying to highlight).

Maybe she can explain that she doesn't want to commit for six months and needs time to find somewhere else. They may be perfectly reasonable and listen.
Phew. I'm not normally so pro-Agents!
Apologies - I missed all the comments on the previous pages before I wrote all this so there's a bit of repetition.....that's me....!

Laura Delow

9:54 AM, 16th April 2014, About 10 years ago

Reply to the comment left by "Mark Alexander" at "16/04/2014 - 09:53":

I agree. It will be interesting to see if she does. If not, it begs the question "why not" but like you, I hope she does.

Mark Alexander - Founder of Property118

10:37 AM, 16th April 2014, About 10 years ago

Whether Michelle replies or not I am inspired by the quality of the advice that has been offered to her by the GOOD landlords using this forum 🙂

Fed Up Landlord

10:42 AM, 16th April 2014, About 10 years ago

As stated. Trying it on to get a fee out of it. Vultures.

What do i do?

13:23 PM, 16th April 2014, About 10 years ago

Reply to the comment left by "Mark Alexander" at "16/04/2014 - 08:31":

Hi, i could not tell you if it has anything to do with that court case. Im a tenant in a house of 8 flats we have all recieved the letter. and i was speaking to the guy next to me and he also is puzzled by this as we pay monthly as it is?? Thank you for your advice.

What do i do?

13:27 PM, 16th April 2014, About 10 years ago

please bar with me all i WILL reply, this is my first post, wasnt accpeting such a response but it is much appreciated!!!

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