Rollover To Periodic Tenancy

[The_Sherinator]

Hello,

 

It seems all my problems are coming at once.

 

I'm coming to the end of my 12 month letting agreement with Countrywide. I don't want to move as I love the house and the area. However, Countrywide want a £125 fee to extend for another 12 months as well as putting the rent up, which is exactly what I do not need right now!

 

I heard that I don't have to sign an extention and could just let it continue into a periodic tenancy. I contacted the landlord directly and he said that he's fine with it rolling over into a periodic agreement and, in fact, he gave instructions to Countrywide when he first signed with them that this was exactly what he wanted to happen. He also knows nothing of a rent increase, despite the letter saying "We are please to inform you that your landlord..."

 

I called Countrywide after I spoke with my landlord and said that I did wish to stay but on a periodic tenancy. The person on the phone got immediately on the offensive and quite agressive saying that it wasn't possible to go onto a periodic tenancy unless the landlord authorised it. I explained that he was fine with it and they said that they'd contact him and get back to me. My landlord confirmed it with Countrywide and now Countrywide are saying it's a £90 fee to renew on a periodic tenancy! Surely this is incorrect as I'm not signing anything and they don't have to print anything, it's just the same agreement. Can Countrywide charge me this or not?

[mariner51]

I would say 'not'.Whilst STP is tech a new Tenancy contract, it is automatically created by Statute with same T&Cs (other than Notice periods) immediately fixed term of AST expires.

Avoid contact with LA until after fixed term expiry and SPT created.

Do not communicate with LA/LL by telephone, only letter/email so you have a record of correspondence. If you phone, follow up with you

r understanding of what was said/agreed. Your letting Agreement is with LL not LA.

Resist naming LA, Forum posts. Twitter, Facebook etc are' published' material with author exposed to a libel claim. Though nothing you have said about C so far would qualify IMO. Forward any communication to/from LA to LL 'for information'.

LL can easily increase rent by serving s13 notice after 12 months and you can appeal amount of increase to Rent Assessment Comm or you accept suggested rent & pay it.

[The_Sherinator]

Hello,

 

I have received this email in my inbox, I have obviously been CC'd into it by the letting agents.

 

We have recently been trying to contact you regarding the tenancy at the above mentioned property.

 

Your tenants have requested an unsecure periodic month by month tenancy so we wrote to you on the 24th June 2013 to request advising that if you did not respond we would assume you are not agreeable to there request however your tenants are now advising us that they have spoken to you directly and that you have agree this with them.

 

Please contact me on the below details to discuss your intentions, or via email regarding the terms and status of the renewal of your tenancy and how you would like to proceed.

 

I look forward to hearing from you.

 

Could the letting agents cause problems for my wife and I over this? I have spoken to my landlord again and he said that he is happy for it to roll onto a periodic tenancy. How can they assume that the landlord wouldn't be ok with it? I'm worried that the agency will kick us out if we don't pay their renewal fee for a fixed term agreement.

[mariner51]

LA cannot throw you out, only act on LL instructions.

 

cc to T just to show they are awaiting LL instruction. The only 'lack of security' for LL is you are not tied in to a new fixed term, but this also has some benefit for LL IMO. You are still required to give min 1 month Notice during SPT, LL 2 months

 

When does fixed term expire? If you remain in occupation after that date an SPT will be automatically created.

[The_Sherinator]

The fixed term expires on the 3rd August.

[The Carpet Cleaners]

on 4th August you will be automatically in a Periodic Tenancy. The only things that could change that are if:

1. You move out on or before 3rd.

2. You sign a new AST.

 

As Mariner said. the agency cannot evict you, or start any eviction proceedings without the consent of the Landlord. If as you say the Landlord is happy for you to stay there, then there is absolutely nothing that the agency can do to you.

[Steve__M]

It is this sort of activity that brings letting agents into disrepute, and I don't see why agents who do this shouldn't be named as long as you are factual. There appear to be no policies on CAG that restrict this. Some forums do have such a restriction.

 

Renewing an agreement used to be 20-30 quid, and often the tenants weren't charged. Now it's 125 quid and they are probably charging both tenant and landlord.

 

If landlord is happy about you staying, then try not to panic as agent are clearly trying to panic the LL and panicking can be contagious!

 

Obviously, there is the potential of landlord issuing a 2 month notice at any time, but you may feel that that is not much of a risk.

[The_Sherinator]

Hello,

 

As I have already spoken to the landlord on 2 occasions regarding this, he said that has no need to sell the property as long as we're in there paying the rent. I've not heard anything else from the letting agency, so at the moment I'm assuming that the matter is closed.

 

Thanks.

[raydetinu]

It is just the LA trying to generate income, as if they did not get enough from the LL managing the property; troublemaking of the worst kind, creating problems where there aren't any.

[kaworu1986]

I am in a similar situation to OP: started a 6 months contract (assured shorthold tenancy) from Jan 25th and was contacted by Countrywide start a new one; I agreed over the phone and paid the 125GBP admin fee. I then received a copy of the contract on Friday via mail with instructions to sign and return. Now, given today is July 28th - which mean my original 6 months tenancy term has expired, that I am still living in the property, have paid my rent regularly and have received no notice to end tenancy, am I right in assuming that legally my tenancy is a recurring one? If so, can I just trash the contract I received (pity about the admin fee) and go on on a recurring basis? I really would rather have the flexibility to move if need be without being penalized.

[mariner51]

kaworu, IMO you need not sign new fixed term AST as you now have a SPT from 25th July, but familiarise yourself with rigid SPT terms for T notice dates - must be served (received) by end of one Tenancy period (24th), to expire at end of next T period (24th if rent payable per cal month)

NTQs should be served by standard first class mail with free Cert of Posting. You should allow 2 working days from date of posting for deemed service.

 

Any further queries, please start a new thread to save confusion and thread hijacking.

 

Consider asking Countrywide for return of your £125 admin fee as the new Contract arrived too late, after start of SPT.