PDA

View Full Version : L's agents insist that AST be renewed (not SPT)



lola1
04-11-2009, 18:48 PM
Hey everyone. I need a bit of help!

I have an assured shorthold tenancy lasting 6 months, which is due to end at the end of november. In the contract it says that at the end of the term, if the tenant remains in the property, it will be a statutory periodic tenancy which will continue until either party ends it.

I had a call from my estate agents telling me I had to sign a new contract for either 6 or 12 months and I wouldn't be able to move out until that term had ended, and be liable to pay rent for all of that time. I always thought that after the initial term, the tenant would then be able to give notice and move out whenever they wanted, not wait until the contract finished!

Do I have to sign a new contract?

Also, in the contract there is no mention of renewal fees so would I have to pay them if the estate agents says so?

many thanks

Poppy35
04-11-2009, 19:18 PM
if you tenancy ends on 30th November you can vacate on that day. if you stay any longer then the tenancy automatically runs onto a statutory periodic tenancy (SPT), whereby you give one months notice should you want to leave and the landlord gives you 2 months notice.

U can sign for another fixed term however there should not be any charge between you and the agent - agent has agreement with landlord for fees not you.

lola1
04-11-2009, 19:32 PM
thanks for the reply. I dont want to move out at the moment but that could change at any time so the statutory periodic tenancy is ideal. Do I have to sign a new agreement though? even if the contract says it goes to a SPT? I didnt know when I signed up that I'd have to start again and do 6 months at a time.

tom999
04-11-2009, 20:56 PM
I dont want to move out at the moment but that could change at any time so the statutory periodic tenancy is ideal. Do I have to sign a new agreement though?No, your tenancy is with the landlord, not the letting agent. Let current contract lapse into SPT, and should you wish to leave, you can give one month's notice to the landlord, as Poppy35 has mentioned above.

If the letting agent is insisting that you have to sign another contract, it's likely to be an attempt to extract renewal fees for a new tenancy from the landlord. If you believe that the letting agent is being unreasonable, either report them to a regulatory body, if they are members, e.g. ARLA, trading standards, or contact the landlord directly to express your concerns.


I didnt know when I signed up that I'd have to start again and do 6 months at a time.If you sign another contract, you will be liable for rent for the fixed term, whether thats 6 months or 12 months.

dominic
05-11-2009, 08:35 AM
If you would prefer to have the security of tenure of a further fixed term rather than roll into an SPT, I suggest you deal with the LL directly to avoid the blood-sucking agent wrongly demanding fees from you.

If you don;t have the LL's name and address, under s.1 LTA 1985 the agent must supply this to you. Failure to do so within 21 days is a criminal offence and the agent may be reported to the police.

jeffrey
05-11-2009, 10:36 AM
thanks for the reply. I dont want to move out at the moment but that could change at any time so the statutory periodic tenancy is ideal. Do I have to sign a new agreement though? even if the contract says it goes to a SPT? I didnt know when I signed up that I'd have to start again and do 6 months at a time.
Your entitlement to an SPT is statutory [s.5(3) of Housing Act 1988]. See http://www.statutelaw.gov.uk/legResults.aspx?LegType=All+Legislation&title=Housing+Act&Year=1988&number=50&searchEnacted=0&extentMatchOnly=0&confersPower=0&blanketAmendment=0&TYPE=QS&NavFrom=0&activeTextDocId=2128236&PageNumber=1&SortAlpha=0