Re: Assured Shorthold Tenancy Agreements

In message <442d2c1e$1@xxxxxxxxxxxxxxxxxxxxxx>, elyob <newsprofile@xxxxxxxxx> writes

"Zoe Brown" <zoenaomibrown@xxxxxxxxxxxxxxxxxxxxxx> wrote in message
news:EY9Xf.9087$NN4.7517@xxxxxxxxxxxxxxxxxxxxxxx

You can take a look here for lots of information and post your question
again if you want confirmation.

http://www.landlordzone.co.uk/forums/forumdisplay.php?f=3


In the meantime I have sent a message to my landlord saying that I wish
to continue with the existing contract and not start mucking about with
new contracts. The agency hasn't returned my call 3.5 hours later.

At the end of the day the agent does not always tell the LL what they are
doing and they charge you both for the same services. The agent cannot
evict you, only the LL can do that.


I've just had a chat with the landlord. He doesn't really want to get
involved, but did say that this was to protect his interests as otherwise it
will allow me to become a sitting tenant. Then he mentioned a '54' something
or other saying he doesn't want to go down that path either. Obviously the
agents will defend their actions. Does having a shorthold tenancy for more
than a year alter my rights?

Thanks



Yet another example of agents having no idea of the law relating to Assured Shorthold tenancies, and landlords believing what their agents tell them, without question.

Having said that, this is not surprising, as the answers do not seem to be laid out in laymans terms by a quotable source which could be considered legitimate without question.

The facts are that:

If you, the agents, and the landlord all do absolutely nothing, and the end of the fixed term of the tenancy comes and goes, the tenancy becomes Periodic and you do not become a sitting tenant, (whatever that means).

This means that the landlord can serve you a Section 21 notice requiring possession after 2 months, (2 months notice), or you can give the landlord 1 months notice to end the tenancy.

If you want a bit more security than the 2 months notice, it might be worth signing a new tenancy agreement with a new fixed term - whether you agree to pay for this is up to you.

Personally, I would write to the agents telling them that you are happy for the existing agreement to become periodic, and do not require a new tenancy agreement.

--
Richard Faulkner
.

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