AST - Query re; periodic tenancy

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    AST - Query re; periodic tenancy

    Hi Guys,

    In my rush to find a place to live following my move from Australia, I signed off to the following clause in my AST agreement and wanted to know if I had a leg to stand on in possibly avoiding the £100 fee;

    "It is agreed that if notice from either party is not received by the Landlord/Agent the tenancy will become a contractual periodic tenancy and will continue on the same terms from one complete rent period to another. Contractual notice periods will apply and a fee of £100 will apply to continue on a contractual periodic tenancy".

    As my agreement comes to a cease this Friday, wanted to get an idea as to what my best bet here is and if its avoidable.

    Thanks!

    #2
    That looks pretty black and white to me.
    The tenancy continues automatically until someone gives notice.

    It's not that uncommon.
    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


      #3
      Originally posted by jpkeates View Post
      It's not that uncommon.
      The £100 for it to happen is though.
      I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

      I do not answer questions through private messages which should be posted publicly on the forum.

      Comment


        #4
        Originally posted by jpkeates View Post
        That looks pretty black and white to me.
        The tenancy continues automatically until someone gives notice.

        It's not that uncommon.
        Apologies, should have been clearer - wanted to see if I could avoid the £100, given I do want to take on the periodic tenancy.

        Comment


          #5
          I think you've already agreed to pay the fee.
          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


            #6
            Don't see how it's not an unfair clause.

            Of course, there's the matter of actually challenging it.
            I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

            I do not answer questions through private messages which should be posted publicly on the forum.

            Comment


              #7
              Thanks both - silly on my part!



              Comment


                #8
                KTC, £100 fee for Contractual T is not unfair, but it would be for SPT.

                Comment


                  #9
                  It's a fee being charged for no work being done at the relevant time. The work (if one can argue there's any) have already been done by the point the contract was signed. The event will occur on the lack of notice from either the landlord or tenant. The tenant is also not in real term gaining anything from paying the fee. If the arrangement doesn't exist, they will have the same right of tenure from the deemed granting of a SPT.
                  I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

                  I do not answer questions through private messages which should be posted publicly on the forum.

                  Comment


                    #10
                    Be an interesting situation if the tenant paid (say) £15 as being a reasonable fee for the admin (work by a low paid member of staff).

                    I can't imagine the landlord would give a monkeys (because they're not losing out) and the agent would find it hard to sue the tenant for £85.00 (and would probably lose if they did).

                    On the other hand, you might simply get served notice in response or the agent would deduct it from the landlord's rent.

                    Nice to know this is all going to end in a couple of months...
                    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

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