Forced onto a AST from a Periodic

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    Forced onto a AST from a Periodic

    Hi all, I hope someone can help.

    I had been in my property for close to a year and my agent wrote to me saying that the landlord would like me to renew my contract.

    I informed them that although I would likely stay for the period proposed (Aug-July) I would prefer to be on a statutory periodic as its more flexible (and also avoids me having to pay them £117 for the privilge).

    They told me that if I did not sign I would be evicted, and not wanting this to happen I asked them to send me the contract extension to sign.

    However, the agent failed to send me the contract on time and I moved onto a periodic tenancy. The agent has now sent me the extension (but want to sign me in for a year as of Sept rather than Aug when my original contract ended).

    Can anyone advise me if they can legally force me so sign this?

    Side notes:

    *The landlord lives in the abroad and I have no contact details other than postal.
    *I've always paid my rent on time and have never given any reason for the landlord to want to evict me.
    * I like living there but am looking to buy so would rather have the flexibility.

    #2
    They cannot force you to sign. It is your choice. They have to follow statutory procedures to get you out. It may be a case of the agent trying to maximise fees. It would be a good idea to drop a line to the landlord so that he knows what is going on.

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      #3
      You can either stay on a periodic, and be evicted if they so choose, or sign a new fixed term contract.
      If the only stumbling block is the fee, negotiate.

      Were you notified of the fee beforehand?
      Allow tenants to protect their own deposits. I want free money when they do it wrong

      Comment


        #4
        Originally posted by thesaint View Post
        You can either stay on a periodic, and be evicted if they so choose, or sign a new fixed term contract.
        If the only stumbling block is the fee, negotiate.

        Were you notified of the fee beforehand?
        Yes I was aware of the fee when I signed the original contract, but didn't realise I'd be forced to sign on for another year.

        The fee isn't a sticking point, albeit annoying....I'm more concerned about being signed in for 12 more months. I want to stay here...but am hoping to buy somewhere within the next 12 months.

        Does anyone know if there are any restrictions limiting the landlord from evicting me unless I agree to another 12months...or is this just his right as the owner?

        Thanks

        Comment


          #5
          Originally posted by jom500 View Post
          Does anyone know if there are any restrictions limiting the landlord from evicting me unless I agree to another 12months...or is this just his right as the owner?
          No, it's his right. But he'd be a bit of a moron to lose a good tenant for no other reason than this. As Lawcruncher says, this may well just be down to the agent: get your side of the story to the landlord.

          Comment


            #6
            Originally posted by Ericthelobster View Post
            As Lawcruncher says, this may well just be down to the agent: get your side of the story to the landlord.
            I suspect this also to be the case...but only have his mailing address. Anyone know if they (Agent) have to supply me with a telephone or email address.

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              #7
              Originally posted by jom500 View Post
              I suspect this also to be the case...but only have his mailing address. Anyone know if they (Agent) have to supply me with a telephone or email address.
              No - I should stall with the agent, and get an airmail letter off pronto!

              Of course the agent will be charging the LL as well for the privilege of setting up a new contract, which you would do well to point out. I wouldn't mention that you're thinking of moving on anyway, of course - just that you object in principle to the agent demanding more fees off you both for no valid reason.

              Comment


                #8
                Originally posted by jom500 View Post
                I suspect this also to be the case...but only have his mailing address. Anyone know if they (Agent) have to supply me with a telephone or email address.
                The agent MUST provide the landlord's name & address (nothing else) upon a written request from a tenant to the agent within 21 days otherwise the agent is committing a criminal offence. Many agents don't know this! Sec. 1 Landlord & Tenant Act 1985
                The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

                Comment


                  #9
                  Not really what I wanted to hear...but pretty much what I excpeted....

                  Think I'll just sign and put off the house search until next year.

                  Thanks for your quick and clear answers guys.

                  Comment

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