I want my tenancy to remain periodic but …

Reply to the comment left by "Michelle Elaine" at "18/04/2014 - 12:30":

a fixed term tenancy agreement automatically becomes a Statutory Periodic when the term finishes, unless you sign a new agreement. You have the same rights as before. A landlord must give tenants 2 full months notice - a tenant need give only one month (regardless of what it says in the tenancy agreement)

Ok thank you for clarifying that for me 🙂

Reply to the comment left by "Mark Alexander" at "16/04/2014 - 08:47":

Perhaps just cutting anp pasting this conversation would be enough?

I agree with Mark, if the deposit has not been handled correctly to date the agent / landlord is not in a position to make demands. I would write the letter as suggested. I would not go as far as reporting to trading standards or ombudsman at this stage. Keep it as an option if you need to escalate the issue. It is always preferable to keep on good terms.

hi, i have written the letter as Mark suggested, also have made a folder up as Laura suggested to prove im not in arreas 🙂 ( despite that in the last week enquired about 2 more flats and got told landlord dont accept my type), I also checked to see if my deposit was placed in the tenancy deposit scheme and it was. It also says it was changed to periodic?? despite the fact i havent signed and agreed to the new agreement, so dont seem to matter what i say.....

Hi Michelle, after the initial fixed period if both sides do nothing it will automatically go to a Statutory Periodic. No new contract or signatures required. With the issue of Superstrike vs Rodrigues, how the deposit is handled is all a bit wishy washy. Some agents (yours) are changing all their tenancies to a fixed term to reset the baseline to comply with new advice they have probably received from their legal adviser. Why not sit down with your agent and say you would be happy to sign the six month fixed term agreement (as you would like to stay there, it will actually protect against possession better than a periodic) on the basis that the arrears issue and the property maintenance issues are discussed & addressed. Before you do this and assuming time is on your side, it would be a good idea to get some legal advice from a Citizens Advice solicitor that specialises in property who can also check you arrears calculations. Its difficult for forum members to advise without knowing all the facts and seeing the argument from both sides. Get anything agreed in writing from the Agent before signing.

Reply to the comment left by "Rob Crawford" at "26/04/2014 - 14:26":

Hi Rob, ive been here 2 year now ( the iniatial being 6 months) its my first flat. and Ive been asking for repairs ( basic maintenance building work) for 2 years and nothing been done i just keep getting fobbed off, ive been polite and kepted it amicamal but there only so much someone can take, my rent has always been paid on time and im not in arreas. I am going to Citizens Advice with all my paperwork and my neighbour said he is too. Ive just had enough no point in asking for anything as nothing gets done. Id give anything to move i dont fancy another freezing cold winter and chest infection after chest infection...

Sorry, I'm a bit behind the curve here. I think you've got the right approach. It's a tenant rich market still so landlords/agents can be a bit picky. I am not sure by what you mean by "my type". Are you giving too much away? If there is something wrong with the agent's deposit process then the a court is unlikely to evict you and the agents will get fined. But you need to check your facts here with CA as planned. If so that should give you some space beyond the two months notice that they may try and serve. Keep looking and stay confident. You will need references so do try and stay amicable. Keep us all informed as to how you get on. You have a big following here!

Hi Rob thats ok 🙂 i lost my job due to health reasons so im classed as dss, when ive enquired or asked if the landlord would accept dss some of the comments i get are not pleasent and ive been told (My type ie dss) are not taken on as they dont pay rent which makes my blood boil as i have not missed one payment. I will be going to cab next week now there back to normal hours and i will keep everyone updated and yes its nice to know people support you and have offered so much advice really wasnt expecting it but is great fully received....

Maybe a new subject on this forum, "how do I find a landlord who will let to DSS in xx your post code xx"? As a letting agent myself I often get asked this question. Most high street franchise agents are unable to offer properties to those on DSS, so don't waste your time there (I may add there is not excuse for not politely saying that though). Landlords can also be restricted due to terms & conditions in their mortgage or insurance so that narrows the field even further for you. Some of the smaller independent agents may have relationships with landlords who are able to let to DSS so pop in and see them (better than phoning). Also its worth ringing your council Private Rented Sector Housing people who may be able to put you in contact with landlords, they may even have their own department/agency that is there to help. Most self managing landlords advertise on Gum Tree, so send an e-mail to all of them even if they say 'no DSS'. You may have a local Property Investor Networking (PIN) Group that meets (check the website). The first PIN for anyone is free and they give networking opportunities with landlords and also a 60 second chance to present them yourself. Its really for service providers but hey don't worry about that. Also you could go to any local Landlord Association meetings (NLA, Residential Letting Association (ALA) etc to meet local landlords). Hope this helps., good luck.