Is This Tenancy Periodic

[mongle]

A month before the tenancy period/term expired, the landlord asked via the agency if an extension is required but also asked for a 15% hike in rent! I said this was too steep a rise but they did not budge. It is now one month after the original agreement has expired but no new agreement to the extension has been signed so far. I have paid the higher rent for one month. In the absence of new agreement to the extension, is this a periodic tenancy or do i need to give 2 months notice as per original agreement. Please advise.

[gadget]

In the absence of new agreement to the extension, is this a periodic tenancy

Yes

or do i need to give 2 months notice as per original agreement.

No

[BarnetBear]

I agree with the above.

If a Section 21 notice was previously served on you (albeit served correctly with everything in order), the landlord could be in a position to apply for possession.

The 15% increase itself may be challengable if, for example, it exceeded the increase clause likely to be in the original AST agreement. These clauses are usually linked to RPI.

You would not have been in the wrong to continue paying the rent amount in the original AST agreement. But that would obviously annoy the Landlord somewhat!

[cybernoid]

You haven't agreed to the new rent level so there is no need to pay it. I would adjust the next payment to account for your mistaken overpayment and then continue payment at the original level. You run the risk of being given your 2 months notice but that risk is there during the periodic time in any case.

Yes you are in a periodic tenancy.

[gadget]

You run the risk of being given your 2 months notice but that risk is there during the periodic time in any case.

I think you may need to educate yourself on how to calculate risk.

The risk of being given notice when refusing point blank a rent increase is X.

The risk of being given notice when agreeing or negotiating a rent increase is Y.

X >> Y

Saying they are the same because they are both greater than 0 is pretty idiotic. Oh and btw fancy coming round and playing poker one evening?

[Dorkins]

You haven't agreed to the new rent level so there is no need to pay it. I would adjust the next payment to account for your mistaken overpayment and then continue payment at the original level. You run the risk of being given your 2 months notice but that risk is there during the periodic time in any case.

Yes you are in a periodic tenancy.

As I understand it, if you start to pay the higher requested rate this counts as agreeing to it so this becomes the new rent.

[lastlaugh]

In the absence of new agreement to the extension, is this a periodic tenancy or do i need to give 2 months notice as per original agreement. Please advise.

It is not normal to have to give 2 months notice in a fixed term tenancy. A tenant normally has to only give 1 months notice. It looks like you may have a non-standard clause in your contract. It has been debated on this forum whether an extended notice period is enforceable - I can't remember the outcome. My worry would be that if 2 months notice was somehow enforceable in the fixed term then I would suspect it might also apply to the periodic tenancy also. It seems from your original post that it is the 1 month notice of the periodic tenancy that you want. You are probably entitled to it, but I would be confident that your LL and LA won't see it that way, because of the clause in the contract. In which case you will be in for some hassle anyway if you only give 1 months notice.

This isn't very helpful now I know, but the opportunity to negotiate better terms was before you paid the increased rent.

[gadget]

My worry would be that if 2 months notice was somehow enforceable in the fixed term then I would suspect it might also apply to the periodic tenancy also.

No need to worry. With a periodic tenancy the terms carry on EXCEPT for notice period terms. These become two months for landlord and one month for tenant (assuming you pay your rent monthly)

[cybernoid]

I think you may need to educate yourself on how to calculate risk.

The risk of being given notice when refusing point blank a rent increase is X.

The risk of being given notice when agreeing or negotiating a rent increase is Y.

X >> Y

Saying they are the same because they are both greater than 0 is pretty idiotic. Oh and btw fancy coming round and playing poker one evening?

Watch your tone, c0ck.

The risk is the landlords, good tenants are hard to find. They will have a void if they evict and they will have the expense of reletting and the risk of a problem tenant. They are best advised to leave well alone. Personally I would call their bluff and refuse an increase. They can have rent x 1 or rent x 0 , rent x 1.15 is not on the table and in actual fact they would have peed me off enough for me to look elsewhere anyway, a dim greedy landlord is a poor landlord, there are plenty more of them out there desperate and indebted, they should treat a good tenant with gratitude.

[gadget]

Watch your tone, c0ck.

The risk is the landlords, good tenants are hard to find. They will have a void if they evict and they will have the expense of reletting and the risk of a problem tenant. They are best advised to leave well alone. Personally I would call their bluff and refuse an increase. They can have rent x 1 or rent x 0 , rent x 1.15 is not on the table and in actual fact they would have peed me off enough for me to look elsewhere anyway, a dim greedy landlord is a poor landlord, there are plenty more of them out there desperate and indebted, they should treat a good tenant with gratitude.

Yup i was certainly being a c0ck.

But it's easy to be brave on other people's behalf, which got my goat.

I think you're sadly mistaken about the relative position of tenants and landlords in the current market, at least in a big chunk of the country.

[mongle]

Thanks for all your replies which has been very useful. I have now been given the extention documents with 2 months notice on both sides. Given the steep increase in rent, i am going to request either for one months notice instead or continue as is, as the tenency has already gone periodic. If not acceptable, i will move giving a months notice.