Which type of tenancy is best for the tenant?

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    Which type of tenancy is best for the tenant?

    Sincere apologies if this question has been raised before, but I have tried searching and am not coming up with an answer.

    My partner and myself took out an initial six month tenancy some five months ago, and in the contract it states:

    "you may either a) sign another agreement for an assured period or b) allow the tenancy to carry on from month to month as a contractual tenancy."

    (option a) carries an admin charge of £58 inc VAT.)

    My question as a tenant is which option gives my family and myself more rights/protection?

    Now we haven't heard anything yet from the letting agent with regards to signing another agreement, so any advice before contact is made would be most appreciated.

    Many thanks in advance.

    J x

    #2
    New fixed term:
    You gain accommodation for a further defined period. You lose flexibility, however.

    Statutory periodic tenancy:
    You gain flexibility, but this cuts both ways- L can end it by a Notice under s.21(4)(a).
    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
    4. *- Contact info: click on my name (blue-highlight link).

    Comment


      #3
      Thanks Jeffrey for a most speedy reply.

      Considering that the area, house and neighbours are wonderful I think that we shall go for a fixed term.

      (Our previous house was in a street that had a murder, bombs and drug raids within 2 months, so ANYWHERE is better )

      Comment


        #4
        The attitude of your landlord is also worth considering: is he a landlord who is unlikely to want his property back and is happy with you as tenants? If this is the case then he is very unlikely to want to throw you out and then loose a month or two's rent while he finds a replacement - this will also cost him.
        Another 6 month AST only gives you an additional six months security of tenure and will cost you. When my tenants approach the end of their fixed term, I offer them the opportunity of a new 6 month AST as you have been, but they are always happy to accept the SPT alternative.

        P.P.
        Any information given in this post is based on my personal experience as a landlord, what I have learned from this and other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person.

        Comment


          #5
          If you truly like the property / area / landlord you might want to ask for a 12 month or longer fixed term. Sure, you will lose flexibility, but the admin cost should be identical to a 6 month one, saving you money, and it will give you more security.

          Comment


            #6
            Why should T have any fees at all to pay? Let L pay own!
            JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
            1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
            2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
            3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
            4. *- Contact info: click on my name (blue-highlight link).

            Comment


              #7
              Originally posted by doodoot View Post
              (option a) carries an admin charge of £58 inc VAT.)
              This is not common or usual and so I would question it.
              The new tenancy agreement will almost certainly be identical to what you have now, save for the change of dates.

              Is about 2 mins work to make the change and print it off or email to you.
              Quite a hefty charge for the work involved.

              Comment


                #8
                If you are looking for security, make sure there is no break clause allowing for early termination.
                I used to be indecisive but now I'm not quite sure!

                Comment


                  #9
                  Originally posted by TenantsLuvMe View Post
                  This is not common or usual and so I would question it.
                  Not disagreeing with anything written below; however this tenancy is being administered by an agent, so the charge is most definitely "common and usual".

                  The new tenancy agreement will almost certainly be identical to what you have now, save for the change of dates.

                  Is about 2 mins work to make the change and print it off or email to you.
                  Quite a hefty charge for the work involved.

                  Comment


                    #10
                    Originally posted by Ericthelobster View Post
                    Not disagreeing with anything written below; however this tenancy is being administered by an agent, so the charge is most definitely "common and usual".
                    For the landlord but not usually for the tenant.

                    Comment


                      #11
                      Originally posted by TenantsLuvMe View Post
                      For the landlord but not usually for the tenant.
                      Sorry, I disagree TLM, I have heard of many tenants being charged this fee. Maybe it is a regional thing?

                      Comment


                        #12
                        Originally posted by TenantsLuvMe View Post
                        This is not common or usual and so I would question it.
                        The new tenancy agreement will almost certainly be identical to what you have now, save for the change of dates.

                        Is about 2 mins work to make the change and print it off or email to you.
                        Quite a hefty charge for the work involved.
                        What if the agency perform credit checks on both the tenant and guarantor, etc, etc.

                        The tenant can refuse to pay and go elsewhere if they so wish, they are not forced to resign, and know about the charges beforehand.
                        Allow tenants to protect their own deposits. I want free money when they do it wrong

                        Comment


                          #13
                          Originally posted by thesaint View Post
                          What if the agency perform credit checks on both the tenant and guarantor, etc, etc.
                          Shurely not usual practice at renewal of a contract (especially the guarantor bit)?

                          Comment


                            #14
                            Originally posted by Snorkerz View Post
                            Sorry, I disagree TLM, I have heard of many tenants being charged this fee. Maybe it is a regional thing?
                            Maybe, but its still not the norm or perhaps even legal.

                            BTW, perhaps you should update your signature since the rental ceiling has now risen.

                            Comment


                              #15
                              Originally posted by Ericthelobster View Post
                              Shurely not usual practice at renewal of a contract (especially the guarantor bit)?
                              So how do we know if the guarantor is still financial able and willing to act as a guarantor?

                              How do we know that the tenant hasn't got a CCJ since moving to the property etc etc?
                              Allow tenants to protect their own deposits. I want free money when they do it wrong

                              Comment

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