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My stepdaughter has received a letter from agents, saying that when her AST expires in July,she can either give notice to quit, or sign an extension agreement. The extension agreement can be either be a "break" or "no break". One is signing up for 6 months, the other means giving 1/2 months notice to quit. Either of the extension alternatives, carry a £60 fee. There is no mention of a Statutory Periodic Agreement. Can i insist that this is what i want, and avoid fees?

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Yes. I wouldn't even bother contacting the agency to say that's what you want. I'd just ignore the letter and let the AST go periodic.

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What they don't tell you is that you have the option to do nothing.

If you do noting the tenancy becomes periodic, which means they don't get a fee and you don't pay it. In my personal experience this sends them crazy as they realize they will never get a fee out of you again.

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I've found the best strategy for dealing with this is firstly ignore any letters, then if they do call you up hassling you to sign another contract, rather than arguing with them, just make some vague non-commital noises about 'sorting out the paperwork' and do nothing, eventually they will give up/forget about you until the next year rolls around.

It would be nice to think you could actually have an adult conversation with letting agents, but in reality these people are just working to a script.

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My stepdaughter has received a letter from agents, saying that when her AST expires in July,she can either give notice to quit, or sign an extension agreement. The extension agreement can be either be a "break" or "no break". One is signing up for 6 months, the other means giving 1/2 months notice to quit. Either of the extension alternatives, carry a £60 fee. There is no mention of a Statutory Periodic Agreement. Can i insist that this is what i want, and avoid fees?

That just sounds like carp, they're saying you can renew for 6 months or go onto, as is your right, a statutory periodic and pay them a fee to do so. In a rational world I'd call that fraud. Ignore them and go on the statutory periodic and have 1 months notice period from you and 2 from them anyway.

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That just sounds like carp, they're saying you can renew for 6 months or go onto, as is your right, a statutory periodic and pay them a fee to do so. In a rational world I'd call that fraud. Ignore them and go on the statutory periodic and have 1 months notice period from you and 2 from them anyway.

Doesn't sound like fraud, but does sound like trying it on, particularly for a periodic tenancy. There's nothing to stop you being given your notice (if the letter isn't sufficient to do so) to leave if you don't want to pay this rather stupid-sounding "fee". Try contacting the landlord directly and see if he's happy about the idea of voids due to you leaving and not wanting to pay their silly charge. They're probably charging the landlord a fair bit for doing very little already, so IMO there's never any justification for agencies trying to charge tenants for anything.

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That just sounds like carp, they're saying you can renew for 6 months or go onto, as is your right, a statutory periodic and pay them a fee to do so. In a rational world I'd call that fraud. Ignore them and go on the statutory periodic and have 1 months notice period from you and 2 from them anyway.

No. They're not saying that.

They're saying, you can go at the end of the tenancy, or you can extend for a fixed term for a fee. Both of which are perfectly legal options.

They're not mentioning the default option which is to convert the tenancy to a periodic tenancy - which will happen automatically if you don't leave at the time of the end of the AST. They cannot stop you from doing that. However, the agents don't like it, because they don't get a fee, and landlords often don't like it because it gives them no security of tenure (i.e. with 1 month's notice, the LL has to market the property, make arrangements for the property to be inspected, repaired, etc. - this may be a problem as the notice is sufficiently short, that the LL may not be able to make the necessary arrangements, e.g. if significant building or decorating work is required - or they may have arranged a holiday, and be unable to supervise the work).

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No. They're not saying that.

They're saying, you can go at the end of the tenancy, or you can extend for a fixed term for a fee. Both of which are perfectly legal options.

They're not mentioning the default option which is to convert the tenancy to a periodic tenancy - which will happen automatically if you don't leave at the time of the end of the AST. They cannot stop you from doing that.

They can do that if the letter says "Pay up or leave" with the right wording, times, and legal boxes ticked to make it work as notice (and don't mind annoying the landlord).

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No. They're not saying that.

They're saying, you can go at the end of the tenancy, or you can extend for a fixed term for a fee. Both of which are perfectly legal options.

They're not mentioning the default option which is to convert the tenancy to a periodic tenancy - which will happen automatically if you don't leave at the time of the end of the AST. They cannot stop you from doing that. However, the agents don't like it, because they don't get a fee, and landlords often don't like it because it gives them no security of tenure (i.e. with 1 month's notice, the LL has to market the property, make arrangements for the property to be inspected, repaired, etc. - this may be a problem as the notice is sufficiently short, that the LL may not be able to make the necessary arrangements, e.g. if significant building or decorating work is required - or they may have arranged a holiday, and be unable to supervise the work).

I know what they are saying, take 6 months with no break and have security from notice for that time for £60 or take 6 months with a break clause and have security from notice for that time (I would hope anyway otherwise they are just charging for you statutory rights if the break clause is symmetric) and be able to give a months notice and pay £60. I'm saying in a rational world that charging £60 for 6 months and the ability to give 1/2 months notice is tantamount to fraud-the only benifit is staing put for the full 6 months if you want to but what LL in his right mind would put you out in that time and force a void. I am not saying they are exclusivley trying to charge for statutory rights but if the brackets is the case then they are and it would be fraud IMPO.

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My 12-month AST will be up for renewal in late September. I'm considering my options now to avoid having to make a last minute move.

My landlord told me that he will want me to sign a full 12 months tenancy again. He doesn't want a break clause and he doesn't want this to go periodic. Oh .. and he wants to increase the rent by 5%. The rent is already close to the limit of what I can afford (£430/week). However, it's hardly expensive compared with other two-bedroom flats in this fancy-pants area and I rather like living here. I know from my experience last year that he'll find another tenant at this price without any difficulty.

It seems my landlord has always been able to find tenants to go along with this inflexible 12 month tenancy arrangement. The people who lived here before me were half way through their second 12-month period when they decided to move out and buy a place. As a result, they were "on the hook" for the rent of the flat until he found another tenant (me). I really don't fancy being in that position. If I were to move out, I guess he'd find a tenant soon enough, so I wouldn't actually end up paying a full year's rent, but it's hard for me to swallow this inflexible deal and massive rent increase.

I'd be very happy to stay here if he would let the tenancy go periodic. I'd be fairly comfortable signing a tenancy agreement with a six month break clause... but being committed for a full year with a 5% rent rise is really a bit hard to swallow, don't you think?

I'm going to meet the landlord for a coffee in a few weeks. Our first face-to-face meeting. I hope this will give me a chance to size him up and work out whether we're going to come to a mutually acceptable compromise in a couple of months or whether I need to start looking for a new place to live.

Any tips for negotiating the renewal?

Argh... If London weren't so effing overpriced, I would have bought a place by now rather than being stuck paying someone else's mortgage.

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I'd be very happy to stay here if he would let the tenancy go periodic. I'd be fairly comfortable signing a tenancy agreement with a six month break clause... but being committed for a full year with a 5% rent rise is really a bit hard to swallow, don't you think?

I'm going to meet the landlord for a coffee in a few weeks. Our first face-to-face meeting. I hope this will give me a chance to size him up and work out whether we're going to come to a mutually acceptable compromise in a couple of months or whether I need to start looking for a new place to live.

Any tips for negotiating the renewal?

Just refuse to agree to his 12 month term and let him decide.

If he doesn't like it he will have to give notice and chances are, he will **** it up

tim

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I'm not sure why so many people actually seem to want periodic tenancies. Personally I like the security of something longer.

It really depends on circumstances, personally we extended last year and it's up in august. This time round we're not going to (we may well have moved before if either of us bother to look for somewhere) and the LL will either have to run the risk of a void or getting someone who isn't on time every month with the rent (better the devil you know) or just accept it. Then we can move at our conveinience, we'd be happy to move if push came to shove though, otherwise we would negotiate the extension.

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I'm not sure why so many people actually seem to want periodic tenancies. Personally I like the security of something longer.

If the LL wants a tenant for the long term you will get to stay there long term whatever the terms of the contract.

Personally, I can't see that having a six month term helps you much. If the LL wants you out you are still going to get two months notice to move, the only difference being that there are only 2 points in the year that you can receive this notice.

tim

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  • 309 Brexit, House prices and Summer 2020

    1. 1. Including the effects Brexit, where do you think average UK house prices will be relative to now in June 2020?


      • down 5% +
      • down 2.5%
      • Even
      • up 2.5%
      • up 5%



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