Letter to Landlord - Periodic Tenancy

[charlie792]

Basically last month my 6 months tenancy agreement expired, we had no contact from the estate agents regarding this so continued to pay our rent as usual which was taken so assumed we were now on a periodic tenancy.

 

Today I have recieved a letter from the agents informing me that I must re-sign and renew my current contract, and if I don't they'll increase the rent - pretty sure this is a bullying tactic into getting me to re-sign and pay them a ridiculous renewal fee.

 

Now although Im more than happy to stay in the property but unless the tenancy is backdated then it will take me well into September which is total impractical, but regardless even if it is backdated being tied into another 6 months put me and my partner into an awkward situation, we're looking at re-locating and although its not likely to be for another 4-6 months we really cannot afford to be tied into a six month contract incase something comes up sooner.

 

Obviously for practicality issues we want to remain periodic but obviously don't want our rent increased as a result because we simply cannot afford anything higher.

 

I want to write to the LL to basically discuss the situation, that we want to remain periodic (which will save us both a hefty fee) but not obviously pay more - especially seeing as the estate agents are somewhat unscrupulous.

 

If anyone could give me any advice on this?

 

Heres a draft of the letter I was thinking of sending - could anyone help me out with this?

 

As per the assured shorthold tenancy, commencing 27th August 2010 at the above property, such tenancy has now expired as of the 26th February 2011. We have continued to pay rent and as such are now on a statutory periodic tenancy.

 

We have today received notification from XXXXXXX that we are required to renew the tenancy for a further six months, within 14 days and that failure to do so is likely to result in an increase in rental payment.

Whilst we would like to continue living at the property we find this letter somewhat bullying and would prefer to remain on a statutory periodic tenancy on the current terms.

Obviously I do understand if you require a renewal of the tenancy to be drawn up, however whilst we have no intentions to move within the forthcoming months due to employment commitments we would prefer that the flexibility a periodic tenancy.

Could you please confirm whether you would be willing to accept us to remain at the property on a periodic tenancy and based on the current terms.

[rebel11]

Hi charlie

 

Welcome to CAG

The guys will advise as soon as they are available.

[Steve__M]

Your letter looks fine in my opinion.

 

If you do think it is a bullying tactic your other option is delaying tactics - wait a week or so and write back to the agent with a few irrelevant questions and requests. By the time they've responded another month may have ticked over.

[charlie792]

Out of curiosity can the EA's actually decide to renew my tenancy without my consent, I have a horrible feeling Im going to suddenly end up with a bill through the door for the renewal fee regardless.

 

Have sent off the letter to the LL asking to confirm whether remaining on periodic will suffice - it seems stupid to me to change this seeing as we are already on this now. If I don't hear anything back from the LL Im not really sure where I stand with the EA though?

[Aequitas]

Out of curiosity can the EA's actually decide to renew my tenancy without my consent

 

Absolutely not.

[Planner]

As per the assured shorthold tenancy, commencing 27th August 2010 at the above property, such tenancy has now expired as of the 26th February 2011. We have continued to pay rent and as such are now on a statutory periodic tenancy.

 

We have today received notification from XXXXXXX that we are required to renew the tenancy for a further six months, within 14 days and that failure to do so is likely to result in an increase in rental payment.

Whilst we would like to continue living at the property we find this letter somewhat bullying and would prefer to remain on a statutory periodic tenancy on the current terms.

Obviously I do understand if you require a renewal of the tenancy to be drawn up, however whilst we have no intentions to move within the forthcoming months due to employment commitments we would prefer that the flexibility a periodic tenancy.

Could you please confirm whether you would be willing to accept us to remain at the property on a periodic tenancy and based on the current terms.

 

Your 1st para is technically incorrect - the first point is that your original fixed term agreement hasnt expired its still very much inforce as a periodic agreement. The second point in that paragraph concerning you paying rent means a periodic is enforce, is again technically incorrect as the arising of a periodic teanancy is not linked to rent payments.

 

Apart from the above, get it sent and let us know the outcome.

[mariner51]

I think what Planner means is that your fixed term expired on 26 Feb and unless valid Notice was served terminating T on day, after at midnight, it became an automatic periodic T under orig AST with periodic T provisions if you remained in occupation, iresp if rent paid

LA/LL should have negotiated extension/new TA before 26 Feb to be effective from 27th otherwise they should comply with Periodic provisions of Notice for repossession/rent increase.

As for renewal fees I would suggest you check your orig LA contract closely and report back

[Planner]

Thanks Mariner51, actually I meant exactally what I said.

 

Once the fixed term ends a periodic tenancy will arise. Things like rent payments and service of notice so not change that fact. You seem to be indicating that if notice has been served, a periodic wont arise, which is simply incorrect.

 

Opologies if I have misread your post.