Tenant question-Agency claims 1 year due upon tenancy renewal

[zapofrog]

Hi,

Question as a tenant, relating to my tenancy renewal.
An employee of the property manager for my flat just told me that I was contracted to pay for the whole year since I signed a renewal of my tenancy last November.

Upon expiry of my AST in November (term certain of TWELVE months from 14-11-2005 ending 13-11-2006), my agency sent me a piece of paper with the following question (or words to that effect):

"do you intend to renew your tenancy or not. If yes, for which period will it be, 6 or 12 months?"

I ticked the 12 Months box and returned the form signed. I do not have a copy... but I did not sign a new AST.

My understanding is that the tenancy has become periodic and that I can give a month's notice to quit.

Can the landlords here please confirm this for me?

Cheers,
Jason

[Paul_f]

If you did not sign a new AST but merely requested a new 12 months tenancy then it would have been pertinent to ask you to sign a new lease.

I doubt very much if the landlord were to take you to court it would stand up as a judge is more than likely to rule that as no new tenancy agreement came into being you are indeed on a periodic tenancy. i woudl suggest you serve one month's Notice to Quit if you want to leave, and let the landlord (or his agent, who can't actually take action aginst you) threaten what they will. They are liekly to back off when confronted with the facts.

You could also consult your local Trading Standards Office who might advise you what contractual obligation (if any) you might have.

[zapofrog]

Thank you Paul

I'm waiting for a call back from the agency now.

I did send them my month's notice a few days ago following a conversation I had with one person.

Another called me after receiving my notice to inform me that I was liable for payments until November. He did sound surprised when I explained this difference in opinion and that my own understanding was that I had ownly signed a paper confirming my intention to renew the tenancy, not a new AST.

You say it would have been pertinent to ask me to sign a new lease. Do you mean that this would have then have been a new fixed term?

Cheers,
Jason

[Paul_f]

Yes! It would have meant a new fixed term.

[zapofrog]

Still nothing from the agents so am proceeding normally with my move, with 3 weeks of my notice left. I may have to stay/pay the full month of April as I gave my notice in the middle of the month and I am on a monthly contract. I'll try to negociate with them, to see if we can end my tenancy mid-month.

No problem if they refuse as this bit is indeed part of my contract.

If anything goes wrong I shall be back to bathe in the light of thy wisdom!
If not, many thanks indeed for your guidance.

Best, Zap