AST/Periodic Tenancy question.

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    AST/Periodic Tenancy question.

    Back in early February I took on a rented property on a standard AST...... I have just received an e-mail notice from the letting agent,referring to renewal (or otherwise).
    Now,they are trying to lead me towards signing a new AST (for which they'll charge £75 ),but I would prefer to go to a 'Periodic Tenancy',as I've done in the past (not with this property or agent). For this,the agent is quoting a charge of £100 (for doing what exactly ?),but what is concerning me is that immediately after this information,they are going on about possible 'NTQ' if the landlord/owner doesn't want to go down the periodic tenancy route. It almost feels like they are issuing veiled threats !.....(if I don't sign a new AST).

    So,what I'd like to know is, what are my options and would it be considered acceptable to want to just continue into a periodic tenancy ?? Is there any particular reasons why a landlord wouldn't want to do this ??
    There have not been any arrears or late payments at all. I just feel that it offers me a little more flexibility by going down the 'periodic tenancy' route.......

    Comments/advice please ??

    #2
    Yes, of course it is acceptable for you to want to do this.

    It is also perfectly acceptable - and quite normal - for a Landlord to want to do this.

    Some Agents like to charge renewal fees, and fees for whatever they can, and some Agents advise their Landlords - some may say incorrectly - about it being better for them to have a new fixed term signed. Some Landlords may be gullible enough to trust their Agent - after all, they are the experts - and some Landlords may simply not care. Bear in mind... the Agent may well be charging you and the Landlord for a renewal... it's a nice game.

    Comment


      #3
      Thanks for the reply......

      I hadn't actually thought about the agent charging both sides......
      Do you think it would be wise/advisable to speak to the landlord/owner directly,maybe with a view to dealing directly with each other ?? Or would that cause unwanted friction/trouble ??

      As for the agent wanting to charge £100 if going to a periodic tenancy......is there any specific rules/regulations regarding that,please ??

      Comment


        #4
        Originally posted by Jayen4 View Post
        As for the agent wanting to charge £100 if going to a periodic tenancy......is there any specific rules/regulations regarding that,please ??
        There is no justifcation whatsoever for making a charge. A new tenancy arises by operation of the law.

        Comment


          #5
          Lawcruncher,

          Hmmm..... Could you expand on that,please ?? Is the agent being a bit 'naughty' or opportunistic here ??

          I do wish to stay where I am.....this is a nice house and suits me,but if the agent won't go forward without charging for everything under the sun,how would I proceed ?? I don't like paying for things that are not necessary.....

          Comment


            #6
            After the Fixed Term ends a Periodic Tenancy arises automatically, without anyone, anywhere having to do anything.

            Comment


              #7
              So,the agent may be working against me,for their own ends ??

              Comment


                #8
                Some Agents may like to take advantage of some Tenants from their position of authority / knowledge.

                Comment


                  #9
                  When (or ideally before) you signed the first tenancy agreement, the agent should have made you aware of all possible fees (including the fee for "administering" a periodic tenancy).
                  It shouldn't be possible for any fees to be a surprise.

                  Aware means more than hidden in the small print of their website.
                  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


                    #10
                    I have had a close look at the printed out tenancy agreement and all the other paperwork.....
                    There are references to 'periodic tenancy' and 'rolling periodic tenancy',but no-where in the whole bundle of paperwork is there ANY mention of a charge or fee for going to a periodic tenancy !
                    The references that I can find are : in tenants checklist: NO mention of any charge related to a periodic tenancy.... and in 'How to Rent' pages : it does mention a 'rolling periodic tenancy' ,but again NO mention of any charges.
                    There IS a page that specifically mentions a charge of £75 for taking out a fresh AST.

                    This particular agent (a very well known major estate agent) likes everything in writing......... So,given that there is definitely no mention of any charge for going to a 'statutory periodic tenancy',would I be within my rights to refuse to pay this £100 charge ?? (This £100 charge only appeared in the e-mail which I received,notifying me of an inspection visit ,on the 7th june.......). I think the original 6 month AST expires on 11th july.
                    Nothing was mentioned verbally about any charge relating to periodic tenancies,either before I took out the tenancy agreement,or since,until it was mentioned in this e-mail. I DID bring up the fact that I would be wanting to go to a periodic tenancy after the initial AST,but no definitive answer was received,in return.....

                    Advice/opinions,please ??

                    * Additional:
                    I have just re-read the e-mail which the agent sent to me and they are referring to a 'month to month' tenancy......they also state that they do not do 'month to month' tenancies,as of 2013. I am not wanting a 'month to month' tenancy....I wish to go to a 'periodic tenancy' ! Thoughts on this too,please ??

                    Comment


                      #11
                      Since May last year, agents have to display all possible fees - and not have vague charges such as Admin Fee.
                      Information here - http://www.landlordlawblog.co.uk/201...g-agents-fees/

                      Enforcement is not great.

                      The agent couldn't stop the lease becoming periodic if they tried.
                      It's possible that they'll have to update the details at the agency that's protecting your deposit - but that's a legal requirement, and not doing it would probably be a bad idea for them.

                      The threat made by the agent is real, the agent or the landlord can serve notice if the tenancy is periodic - but that would mean losing a rent paying customer and who wants that*?
                      I would decline to pay the fee.

                      *apart from the agent who charges for finding new tenants...
                      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


                        #12
                        Thanks for the quick response JPK......

                        Maybe I should speak to the landlord/owner and put him in the picture,before the agent tries to 'poision' things ?? Also,what about going to see citizens advice (or maybe even a solicitor) ??

                        Comment


                          #13
                          Shelter may be better than a solicitor (they're perceived to be biased towards tenants, but their knowledge in this area is probably as good as most non-expert solicitors).
                          Trading Standards are the people who are meant to enforce the rules on fees.

                          Going to the landlord is a double edged sword.
                          Some will be great and respond positively, others won't want the contact and will refer you to the agent, which might make things worse.
                          If you know the landlord it's a positive step - although remember that the agent works for the landlord (although it might seem vice versa sometimes).
                          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


                            #14
                            jpkeates,

                            I hear you re the landlord.....but I have spoken to him a few times,directly,about getting permission to do certain things (replacing the oven,at my expense,is one thing) and he seems quite reasonable.....
                            Shortly after I moved in,we were having a discussion and he described me as ' the perfect tenant' !....lol.
                            I just don't want the agent 'souring' things, because of their own interests/greed ! (I am well known for coming out fighting,if/when people try to back me into a corner !). As long as I'm sure of my position,then it's 'game on'....

                            Comment


                              #15
                              In which case, the landlord is possibly your best route.

                              I'd bet the landlord isn't getting a share of the £100 (which is an issue all of it's own).
                              If the landlord's anything like me, they'd be delighted with an assurance that you're planning to stay but don't want to be ripped off by the agent.

                              All of my tenants who've been in place for more than 6 months are on rolling contracts - suits everyone.
                              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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