tenancy agreement not signed, help!

[shambles13]

Hi
Our tenancy agreement on our rented house ended in spetember, I asked if we could go onto a periodical tenancy as I was planning on buying a house in the near future. I was told no and was sent a new 6 month tenancy to sign.
I have put off signing and returning this agreement as I didnt want to be tied to it, I get letters occasionally from letting agent requesting return of agreement but now I wish to leave at the end of next month. Am I legally tied to this contract even if I havent signed it? or am i free to just give a months notice and go without any comeback?
Any advice would be very welcome.
Cheers

[callumsgran]

If you havent signed a new agreement by law you are now on a periodic tenancy
There is no legal obligation for you to sign a new tenancy unless you agreed to it the first time you signed
Have you been asked for a resigning fee also?

[shambles13]

yes, at the end of August when they sent thru the new agreement to sign I also had to pay £100 admin fee. I paid this as they said I would incur extra admin charges for late payment.
My worry is that as I was sent the agreement to sign that there might be a law that states I am still liable for the rent until the end of that 6 months even without my signature.

[Planner]

I think it will depend on any particular term in the original AST you signed. What did this say about what will happen at the end of the fixed term? some say that a periodic will arise, others that you will be required to sign a further fixed term. Have a look and let us know.

[shambles13]

The contract states that if the landlord agrees to any extension then the tenant is responsible for cost of drawing up of new agreement, it doesnt state what sort of extension it has to be. It also lists a few of the things the tenant is liable for if they vacate premises before expiration date of agreement, but as its not signed it cant be legally binding can it?

[Planner]

You need to look at the original agreement (the one that expired in September) does this say anything about what will happen come the september that has just past?

Does it say it will role on to periodic or does it say the same as what you have posted (which i understand is from the one you havent signed?) - The contract states that if the landlord agrees to any extension then the tenant is responsible for cost of drawing up of new agreement, it doesnt state what sort of extension it has to be.

This is quite important sorry to question you on it... it has to be what the original AST says will happen in September. Just clarify.

Paul

[shambles13]

Hi Paul

The old agreement and new agreement are exactly the same except for the dates. Says the same thing, doesnt mention if it will be periodic or has to be 6 months minimum.

[Planner]

Then you are on a periodic, so you can just give the required one months full notice and move out when you like. To avoid these kind of situations in the future, dont just remain quite when you are sent a new contract too sign, write back and say you are happy to stay on as periodic and wont be signing a new contract so everyone knows where they stand.

Phrases such as "If you havent signed a new agreement by law you are now on a periodic tenancy" are in accurate, but luckly in this instance apparently true!!

If you have any further problems when you come to give notice then post back here.

By the way, in september, did you ever recieve details of which TDS scheme the agents have put your deposit into? If not, then the alternative would be to write to the agents and ask for confirmation if you are on a periodic or a fixed term and do they intend to hold you to the obligations of the contract?. If they write back and say yes you are on a fixed term and we will hold you to it, in the abscence of a TDS protectd deposit and you being sent the required details, you can take them to court for the original depsoit and x3 the deposit as compensation on top of that for them not complying with TDS rules. Teach them to want a £100 resigning fee!!! Of course the down side to this is that you will have to stay to the end of the fixed term you didnt sign for!

[shambles13]

Thanks Paul.
We were asked in august if we intended on staying, I said yes, but I did contact them after they sent thru the new tenancy to sign that we would appreciate if we could go on to a periodical and they flatly refused. The letting agents are rude and unhelpful and the landlord is quite useless and always 'on holiday' whenever we have needed to get details from him, or when urgent repairs have been required so I wont feel guilty about it.
Thanks for your advice has been very helpful. Will let you know if we get any problems.