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Statutory Periodic Tenancy or Agent error?


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We have been a tenant for 20 months in our current property.

 

One month before the end of our intial 12month contract, we recieved a request (and charge) to complete a new contract by the letting agents.

 

We paid the admin fee and signed a 'Request for contract' form which was reciepted by the agent on the 22nd of April.

 

Our intial 12month contract was due to expire on the 26th April 2005.

 

The agents admin department decided on the 21st of April that we would be defaulted to a SPT.

 

We have now served notice on the 2nd of Feb, thinking it would be one month as per our orignal terms, only to be informed it would not take effect until the 26th Feb.

 

We believe that the error was at the agents, as they have deposited the money and acknowledged the request for a contract, but never activily sent us out a new contract.

 

They are now inforcing us to stay or pay until the 26th of March.

 

HELP! :-x What are our rights?

Can they just decide we will go onto a SPT before our contract has expired.

Because they failed to send out the new contract after agreeing to, are they at fault?

 

Your help would be appreciated! :|

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There are two seperate issues here. First of all, they ARE accepting only 1 months noitce here, it is just at the end of a rent period. Your notice has to end at the end of a full months rent period. Your rent period ends on the 26th, therefore the next rent period end date where you will have given a full months notice is the 26th of March.

 

Second point, if they have charged you and not sent out a new contract I would be claiming this back - perhaps deduct ffom the rent? They cannot legally charge it.

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

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