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tryingtofindmyfeet

End of Assured Shorthold Tenancy and want Statutory Periodic Tenancy!

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Our first year AST contract expires in a few days and agent / landlord has imposed we take either another 12 month contract or 12 month contract with 4 month + 2 month notice break clause. Otherwise they will make arrangements to remarket the property.

 

I want to go onto statutory periodic tenancy so I have the flexibility but after a few discussions with the agent they keep saying 'oh, we never renew this way blah blah blah, no landlords want this, SPT has not been offered by your landlord etc'

 

I'm sure that the whole point of Statutory Periodic is for the tenant to enforce it in place of a formal contract for another 6 / 12 months etc?

 

Also,

 

I'm trying to think of some ammo to shoot the agent down with when they call back later after asking the landlord if we can take SPT.

 

If I stand my ground and say 'ok then, if you're not offering SPT you can expect our notice shortly' do you think they will make a u-turn? Can't imagine the landlord will want to pay a fortune to remarket the property if they have 2 tenants willing to pay rent for the next 'x' number of months?!?

 

We don't want to leave anytime soon but I want peace of mind that the flexibility is there.

 

Would appreciate any help - many thanks :)

 

Carl

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I think you are going about it the wrong way. If they dont want you to stay on periodic, ask them to serve YOU notice.

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I'm confused?! We are not currently on periodic - we have a 12 month assured shorthold tenancy and want to go on periodic upon expiry.

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I get that!

 

You have suggested that as a 'threat' you will tell the agents you will serve notice if they insist on a further fixed term. I think this will result in the agents simply going to the landlord saying that you have served notice and they will remarket the property. IMO it will not result in them going to the landlord and saying you have served notice because they have effectivley forced you into it.

 

This is the wrong approach. Let them do the leg work. If they dont like your proposal, let them serve you notice. This will require the Landlords agreement, he will then know its the agents causing waves and not you simply moving on.

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Ah! Sorry, misread your first reponse.

 

Thanks - I get what you mean. So are you saying I should do nothing and wait for them to serve notice? Problem is, on the 'renewal' letter from the agent, they state if we do nothing they will serve notice and remarket the property...

 

I've already stated verbally that we wish to stay but on a statutory periodic basis.

 

Do tenants have a right to take statutory periodic upon expiry regardless whether the agent / landlord offers fixed term deals only?

 

Thanks for your help!

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I've already stated verbally that we wish to stay but on a statutory periodic basis.

 

Do tenants have a right to take statutory periodic upon expiry regardless whether the agent / landlord offers fixed term deals only?

 

No, you do not have the "right" to insist on a statutory periodic upon expiry. It is the Landlord's property and he has the right to decide under what terms (provided they are legal) that he will let it. You can try just not signing the new agreement - they will have to go to court to throw you out and that will take time since they have to serve an s.21 notice giving you 2 months notice that they wish to regain possession of the property - and then apply to the court for a possession order. Carry on paying the rent though.

 

You seem to think that it is the agent who is insisting on the renewed AST, but you are entitled to have contact details for the Landlord and should request them from the Agent.

 

I am afraid there is little else you can do.

Edited by Kentish Lass

Kentish Lass

Information given is based on my knowledge and experience and is not to be considered as legal advice

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The position is this: where there is an AST and (absent any new fixed term agreement) the tenant stays on after the fixed term expires a statutory periodic tenancy arises. If some agent tells you he does not do it that way he either misunderstands the law or is trying to generate more commission for a renewal or for negotiating a new tenancy.

 

As has been said, a landlord who wants the tenant to take a new fixed term is perfectly entitled to insist on it and if the tenant does not co-operate to serve notice. It is though difficult to see why any sensible landlord with a good tenant would do this as he risks a void period as well as taking on a tenant who may not prove to be so reliable.

 

The answer here may be to go direct to the landlord. It is also worth pointing out to the agents that whatever the agreement says they are not entitled to conduct viewings without your consent.

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The position is this: where there is an AST and (absent any new fixed term agreement) the tenant stays on after the fixed term expires a statutory periodic tenancy arises. If some agent tells you he does not do it that way he either misunderstands the law or is trying to generate more commission for a renewal or for negotiating a new tenancy.

 

My tenants seem happy to renew their ASTs each period, it gives us both a level of security.

 

As has been said, a landlord who wants the tenant to take a new fixed term is perfectly entitled to insist on it and if the tenant does not co-operate to serve notice. It is though difficult to see why any sensible landlord with a good tenant would do this as he risks a void period as well as taking on a tenant who may not prove to be so reliable.

 

I agree with this view. A tenant recently said they might wish to move to a larger property at the end of this fixed term and although they are excellent tenants and I don't want to lose them I would have let their tenancy roll over to a periodic to facilitate this possible move (and hoped they wouldn't go....).


Kentish Lass

Information given is based on my knowledge and experience and is not to be considered as legal advice

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