when is an automatic periodic tenancy not an automatic periodic tenancy?

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    when is an automatic periodic tenancy not an automatic periodic tenancy?

    Hi all

    I'm a landlord. Letting agent has transferred me and tenant onto a statutory periodic tenancy (which wasn't in our original contract)

    TIMELINE:

    On 14th April they let us know they were going to do this.

    On 27th April me and tenant we sent an email 'confirming' it was being put in place.

    On 12th May the original contract ended

    However, during this time myself and tenant had agreed a private AST arrangement without letting the estate agent know. Neither myself nor tenant responded to the agent re the above in the (perhaps mistaken) belief that we could simply let it 'run out' and move onto a private AST.

    Do we have to let the agent know in advance we had a private AST, to avoid the contract with the agent becoming a statutory periodic tenancy?

    Thanks all

    #2
    On the fixed term agreement that ended 12th May who was named as the landlord, you or the letting agent?

    Is your intention to part ways with the letting agency ad it seems odd to be paying the letting agent to represent you whilst doing side deals with the tenant.

    Comment


      #3
      Think it's what the 1988 Housing Act says happens at end of fixed term. Neither agent nor landlord can/may prevent that happening if tenant stays - unless a new tenancy signed.
      I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

      Comment


        #4
        Originally posted by DoricPixie View Post
        On the fixed term agreement that ended 12th May who was named as the landlord, you or the letting agent?

        Is your intention to part ways with the letting agency ad it seems odd to be paying the letting agent to represent you whilst doing side deals with the tenant.
        Thanks for your reply. I am named as landlord on the FTA that ended 12th may.

        Yes intention is to part ways with letting agent, as the tenant is so reliable we simply don't need the agent for this tenancy

        Comment


          #5
          Originally posted by theartfullodger View Post
          Think it's what the 1988 Housing Act says happens at end of fixed term. Neither agent nor landlord can/may prevent that happening if tenant stays - unless a new tenancy signed.
          Thanks for your reply
          a new tenancy was signed - it's just we didn't let the agent know!

          Comment


            #6
            Originally posted by potato80 View Post

            Thanks for your reply. I am named as landlord on the FTA that ended 12th may.

            Yes intention is to part ways with letting agent, as the tenant is so reliable we simply don't need the agent for this tenancy
            Then regardless of what the letting agency thinks is going on the new contract that has been agreed by you and the tenant is the one in force. The letting agency doesn't and never did have a contract with the tenant. You're the one who has a contract with letting agent which you'll need to end of they'll keep charging you.

            Comment


              #7
              You'll need to check what the contract between you and the letting agent says about how you end that contract, rather than the tenancy agreement.

              Letting agents typically try to make their income by letting to "reliable tenants" so that they have little work to do for the relatively small amount of income that they receive over the total length of the tenancy.
              In order to protect that income, they will usually make what you are trying to do either impossible or very expensive for a landlord.
              And now you've shown that you don't have any regard for your relationship with them, they're hardly going to value you as a customer.
              When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
              Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

              Comment


                #8
                The agent hasn't 'transferred' anything, it happens automatically by law unless a new fixed term TA is signed.
                That's what the word "Statutory" means.

                But it seems a bit odd that the agents just let it go to an SPT.
                Most agents fight to get a new fixed term agreement signed - that's how they make their fees for new tenancies.

                Presumably there is something in your contract with that agent that allows them to charge you 'management' fees regardless of the tenancy type?
                You need to check how you can terminate your contract with the agent and take on that 'management' yourself.

                Comment


                  #9
                  Originally posted by potato80 View Post

                  Thanks for your reply
                  a new tenancy was signed - it's just we didn't let the agent know!
                  But you stated earlier...
                  However, during this time myself and tenant had agreed a private AST arrangement without letting the estate agent know. Neither myself nor tenant responded to the agent re the above in the (perhaps mistaken) belief that we could simply let it 'run out' and move onto a private AST.
                  - I took that as you just "agreeing" the new deal, not creating & signing one...

                  So both you as landlord & tenant signed it - BEFORE the end of the old fixed term??

                  Strongly suspect that your terms agreed with agent still means you have to pay their % commission, even though you've (probably) created a new tenancy. Suggest you carefully re-read agent terms & conditions.

                  Where (eg NRLA, gov.uk, the old agent agreement..) did you get the wording of the new agreement from, please??

                  Done any training in how to be a landlord & landlord/tenant law, please??
                  I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

                  Comment

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