PDA

View Full Version : Statutory Periodic Tenancy (I'm the tenant)



Tea Jay
07-11-2009, 09:48 AM
Hi there everyone!

I understand that this site is called Landlord Zone but I needed to clear something up very quickly.

From the 1st of October 2009 to 30th June 2010 I had a 9 month AST contract for my apartment.

Since then, every time I have contacted the landlord regarding drawing up a contract for the next term he has brushed me off until now. It is because of this attitude that I started to look for a new place.

I did some research and found out that as of July 1st I technically am under a "statutory periodic tenancy". It said something about following the terms of the previous terms agreement. Does this mean I can leave at any point after giving enough notice? Or do I have to stay for another 9 month term? The word Periodic to me meant that every new monthly period provided I pay, I have tenancy.

I gave one months notice to leave my current flat to move to a new one. After about 10 days my landlord called today to tell me his company drew up a whole new contract. Am I now beholden to this without having signed?

In short, do I have the right to move? Must I stay for a whole 9 months? And does this new contract that he claims to have had drawn up have any significance without me being informed / me having signed?

As an International student, I feel like I'm being bullied here and any advice on the above mentioned issues would be much appreciated!

Kind Regards,

Tea Jay

Tea Jay
07-11-2009, 11:04 AM
Hi there!

I've noticed a couple of views but no replies...

I do hope my questions were not stupid or offensive to anyone on the forums.

I am quite ignorant when it comes to these things and would really appreciate the help!

Tea Jay

Lawcruncher
07-11-2009, 11:20 AM
Replies to questions are like London buses. You wait for a while and then three come at once.

First, you are not bound by any contract you have not signed. It is though possible to agree a contract without writing, but I should not worry about this unless you had a conversation with the landlord when it was clearly agreed by both parties that you would stay for a further nine months.

When the fixed term came to an end a statutory periodic tenancy started. If the agreement provided for rent to paid monthly then the tenancy is monthly and you can give a month's notice to quit. The notice must expire at the end of a period of the tenancy, either the last day or the first day of a period. The first period started on the day after the fixed term expired.

So, if your tenancy ended on 5th May, the first day of the periodic tenancy is 6th May. You can (if the tenancy is monthly) give a month's notice ending on either 5th or 6th May. The notice must be in writing.

Tea Jay
07-11-2009, 11:39 AM
Thank you so much for the reply!

Just to be entirely clear.

At the end of my initial agreement on June 30th I informed the owner that I would be keeping the flat over summer (as I had to go back home to see my parents). We made a verbal agreement (despite requesting a written contract) on a decreased rent since I would not be staying at the property during this time. On returning I have just paid monthly (again on 3 occasions requesting an actual contract).

The point of all this is Yes I did let him know I was staying at the property but there was no mention of a specific time frame or duration.

He claims that in June when I said I would be staying his company drew up a contract which was exactly the same length as the previous one (which is a lie because I only heard of this for the first time Today over the phone). And taking advantage of my ignorance he claimed that I was obliged to stay on. I have not signed or agreed or even been informed of this contract.

Over the last month I have already found a new flat, signed and paid deposits and rent as well! All my landlord needs to do is give a reference to the new letting agents. Instead he is avoiding their calls (which the agents are aware of and being very generous about) and this morning he called out of the blue trying to put pressure on me. He even said that if I don't pay rent as per this magic contract that he's conjured up, they will blacklist me or something.

All these things lead me to believe that I am very blatantly being bullied and pressured into staying on at the property just because I am an outsider who has been very kind and has always paid large sums in advance towards rent.

Knowing ALL this, is there anything that this guy can do to derail my stay in the UK? OR my move into the new flat?

Kind Regards,

Tea Jay

havensRus
07-11-2009, 13:21 PM
From the 1st of October 2009 to 30th June 2010 I had a 9 month AST contract for my apartment.

Since then, every time I have contacted the landlord regarding drawing up a contract for the next term he has brushed me off until now. It is because of this attitude that I started to look for a new place.


Just to clarify:
the dates you quote indicate an ongoing tenancy until next year June. Did you mean that your initial 9-month tenancy was from 01/10/08 to 30/06/09?

That being the case, as already pointed out, you are now in a statutory periodic tenancy, which runs on a monthly basis as your rent is paid monthly.

Your tenancy period is then from 1st of the month to 30th/31st of the month, each month.

You don't need to sign any new agreement.

Your landlord should have explained that there was no need to sign a new tenancy agreement for another fixed period, as you could remain in the current property under a SPT, and conditions would have remained the same as during the fixed contract term. He shot himself in the foot effectively, and now seems to want to try to make you stay on.

To leave, you should give your landlord one month notice. So if you wanted to leave, as per today's date, you would need to give one month notice before 30/11/09 which will be effective on 31/12/09. You state you already gave notice, when did you give the notice?

havensRus
07-11-2009, 13:26 PM
Over the last month I have already found a new flat, signed and paid deposits and rent as well! All my landlord needs to do is give a reference to the new letting agents. Instead he is avoiding their calls (which the agents are aware of and being very generous about) and this morning he called out of the blue trying to put pressure on me. He even said that if I don't pay rent as per this magic contract that he's conjured up, they will blacklist me or something.
....
Knowing ALL this, is there anything that this guy can do to derail my stay in the UK? OR my move into the new flat?


If your rent has been paid on time, and you owe nothing to him or utilities etc.etc., then there is nothing, as far as I know, that he can use to blacklist you, or derail your stay in the UK.

As far as the move is concerned, his refusal to give you a reference is a sticking point, and one which would count against you with a new landlord. The question would be why is the current landlord not willing to give you a reference. However, if you can show that you have paid rent on time each time etc., then maybe you can get by without it.

Did you pay a deposit?
If so, did your landlord give you a certificate showing that the deposit had been protected in one of the authorised schemes?

Tea Jay
07-11-2009, 14:19 PM
Hi there HavensRus!

That was my mistake regarding the Dates...I did mean 2008 to 2009!

I gave notice on the 30th of October...and have paid rent to cover November as my last month. I always pay my rent a few days ahead of the 1st of the month and inform the landlord as well that I am doing this each time!

The letting agents of the new flat and referencing company have witnessed first hand that my Landlord is avoiding their calls and are supporting me 100%.

I think at this point my only concern is any poor reference he may give against me as a result of the pressure this puts him under. Also I now dread the process of retrieving my deposit under these circumstances. I certainly try to avoid conflict and animosity as much as possible but this whole thing has made me uncomfortable already.

I definitely know now that I am not obliged to pay him any more money so that comes as a relief. But as an international student, I don't want any black marks to affect the way things play out over the next 3 years.

I appreciate all your help! Both you and Lawcruncher have really brought me some peace of mind!

Snorkerz
07-11-2009, 20:29 PM
Did you pay a deposit? If so, did your landlord give you a certificate showing that the deposit had been protected in one of the authorised schemes? You mention your deposit, but not if you have details of it being in a scheme. This could be relevant ;)

Tea Jay
08-11-2009, 08:27 AM
I wasn't given a certificate, But my contract states that on termination of the tenancy I will get my deposit back in full, provided the apartment is in good order.

This doesn't specify the value of the deposit, but I have another sheet from the estate agents who I initially found the flat through which breaks down all the fees and rent I paid at the start of my tenancy including the deposit.

I am not aware of any scheme surrounding the deposit to be honest. It's possible there is one that I was not informed about.

All I was told was that when I terminate my tenancy, I must collect my deposit!

Just for the sake of education here, could anyone briefly explain a few of these schemes?

Snorkerz
08-11-2009, 08:56 AM
If your deposit isn't in an approved scheme, then your landlord can not deduct any of it and must return it in full. You have every right to ask for it back right now. Technically you could sue him to get it back, and there is a penalty of 3x the deposit value payable to you. However, there are ways to get out of the 3x penalty and the cost of suing might not be worth it. The details are here:

http://www.direct.gov.uk/en/TenancyDeposit/index.htm

If this applies, and your landlord doesn't return the deposit, you will get loads of advice what to do on this website :)

Tea Jay
08-11-2009, 11:04 AM
I appreciate it Snorkerz!

I don't think I want to have to take anything to court. Nor would I wish any added expenses on the landlord. But I will definitely keep all of this in mind!

It's amazing how little support you get from the people you actually work with but how much more you get from complete strangers on a forum!

Will check out the link :)

Thank you so much!

Snorkerz
08-11-2009, 12:48 PM
I appreciate it Snorkerz!

I don't think I want to have to take anything to court. Nor would I wish any added expenses on the landlord. But I will definitely keep all of this in mind!

It's amazing how little support you get from the people you actually work with but how much more you get from complete strangers on a forum!

Will check out the link :)

Thank you so much!

I respect that - but knowledge is power! IF landlord decides to keep any of your deposit, and you decide that's unfair, you can remind him that you know about the legal obligation and the 3x penalty. He might then decide it would make more sense to pay the deposit back in full anyway - because that is what a court would make him do, and he'd have court fees and the penalty to pay! He might also decide that a good reference would be a wise idea for a tenant who could have caused him considerable expense - but didn't.