Change from AST to Periodic

[redgirl]

Been renting our flat since March 03 always as a fixed term/AST, so agreement runs for 12 months and is stated as such and then is renewed for a further 12 months.

Received a letter from our letting agents, addressed to "dear tenants" and not by our names, informing us of the TDP and that future tenancy agreements will be periodic (one month notice from us/two months from landlord/agent) once our current tenancy expires in March 08.

My question & comment:

Can they change the type of tenancy agreement just like that without consulting us first?

Seems to me, having read some threads on here, that by changing our agreement (from next year) from fixed to periodic that they are getting round the TDP. As only (re)new fixed term/AST will mean TDP is in play as the original deposit was made before 6th April 2007.

Am I right or wrong please? It's very confusing and I think I'm wrong.

Thanks,
R.

[jeffrey]

Been renting our flat since March 03 always as a fixed term/AST, so agreement runs for 12 months and is stated as such and then is renewed for a further 12 months.

Received a letter from our letting agents, addressed to "dear tenants" and not by our names, informing us of the TDP and that future tenancy agreements will be periodic (one month notice from us/two months from landlord/agent) once our current tenancy expires in March 08.

My question & comment:

Can they change the type of tenancy agreement just like that without consulting us first?

Seems to me, having read some threads on here, that by changing our agreement (from next year) from fixed to periodic that they are getting round the TDP. As only (re)new fixed term/AST will mean TDP is in play as the original deposit was made before 6th April 2007.

Am I right or wrong please? It's very confusing and I think I'm wrong.

Thanks,
R.

If tenancy has been re-granted in March 2007 for another twelve months, that is not changeable to periodic! Once it expires at end of February 2008, L is not obliged to re-grant another fixed term. You would simply hold-over on a monthly periodic tenancy until L or you bring it to an end (or unless L is willing to grant a new fixed term).

[redgirl]

Let me make it clear in case it isn't.....

Tenancy started March 03 for 12 months (deposit paid)
March 04 - tenency renewed (same as old one but new dates) for 12 months (renewal fee paid). We signed, landlord signed, witnesses signed
March 05 - as above
March 06 - as above
March 07 - as above

This week - notification that at end of this current term, March 08, tenancy will change to periodic.

I think letting agency is trying to get round (legally) the TDP and I guess it's up to them if they want to allow a new fixed term so I will ask them if we can have one. We like the security of knowing we're in one place for 12 months subject to no breaking of the agreement (on either side). And letting agent/landlord knows they have guaranteed tenants. We're well aware that if we left six months into a 12 month agreement that we'd have to pay the rent to the end of the agreement even if not living there. That's a clause in the agreement I believe and we're ok with it.

But what's confusing me now, doing some more research, is whether new/renewed tenancy, where the deposit was paid before 06 April 07, is subject to TDP. Some places say yes, some say no.

[redgirl]

Got it! Brilliant! Thanks very much.

[jeffrey]

Not a problem. Basically they are trying to avoid the TDS, which unless you think they are going to be underhand regarding your deposit at the end of the tenancy should give major cause for concern, IMO.

"...should not give major cause for concern".

[redgirl]

Nah, I doubt they will be underhand, they're quite good agents although a bit lax, but then I don't really expect to get all of the deposit back as we've been there just over 4 years, there until next March at least which would make 5, and although we have by no means trashed the place in any way, some decoration is required beyond normal wear and tear.

What bothers me is that by them not protecting my deposit, I lose my 12 months security. I'm not so bothered by the deposit, I just want to be as secure as I can be as a tenant and enjoy a fixed term agreement. Guess they're going to be harder to come by now.

We're good tenants, we rarely contact them with any problems beyond the odd fix for the boiler, washing machine door, little things like that. Averages once a year that one thing needs fixing so we're model tenants in many ways.

Have never defaulted or paid the rent late, and are not on their case all the time demanding things. Need a new bathroom that we were sort of promised when we moved in but that didn't happen, nowt wrong with it, just very outdated, and would love double glazing but wouldn't we all?!