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Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 12276
Experience:  Solicitor
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We have an assured shorthold tenancy. We are still to sign

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Hello! We have an assured shorthold tenancy. We are still to sign the contract for the renewal period and we are now one week past due. The agency has promised to send the links for signature, but not delivered. We had to agree to a slight increase after the 12 month period was due. The agency has communicated that the contract is ready for signing. The agency is very irratic. What can we do?
Assistant: Where are you? It matters because laws vary by location.
Customer: London
Assistant: What steps have you taken so far?
Customer: Sending repeated requests to the agency We will take contact with Citizens Advice
Assistant: Anything else you want the lawyer to know before I connect you?
Customer: At this moment, no

Hello my name is ***** ***** I will help you with your question today. I am reviewing it, please give me a moment.

Are you worried because you have not signed a new agreement?

Customer: replied 9 months ago.
Well, we are worried about the irratic behaviour, they have rock bottom reviews on TrustPilot, and that they in the end might go bust. We have decided not to pay anything before we have signed, so much is clear.

Sadly you will be in breach of your tenancy.

Once your fixed tenancy ends you have what is called a periodic tenancy. So the same rights and your contract continue month on month.

You are totally protected.

So even if the Landlord does not sign a new one, you have protection of this periodic tenancy which rolls on month on month.

Even if the Landlord wanted to end it, they would have to give a minimum of 2 months notice.

I hope this reassures you.

Can I clarify anything for you about this today, please?

If not, I would appreciate a 5-star rating for my answer, by clicking the button at the top of the screen. If you need anything further I am available for a follow up at no extra cost.

Customer: replied 9 months ago.
We have negotiated a new total amount. Should we not sign a new agreement based on the new amount? We are not arguing about the payment, we are just waiting for the renewal contract, so we can sign. They have promised to send a link for signing.

If you are happy to sign a new agreement for a fixed period, then yes.

You are just agreeing on an increase. You do not need a whole new agreement.

The existing terms stand.

Does that clarify?

Customer: replied 9 months ago.
No, the existing terms does not stand. We have agreed on a slightly higher rate.
Customer: replied 9 months ago.
you mean we can just pay without having even seen the new amount in print?

Yes, but save for that everything else remains the same.

You have a periodic tenancy.

Yes, you can pay an increase without having it
You have an email, I assume, from the agent agreeing to new rent.

That is enough. If you do not have it in an email then make sure you get it in an email.

Does that clarify?

Customer: replied 9 months ago.
We pay a 6 months deposit

That will be protected. The law says all deposits must be protected.

You do not need to pay any increase in deposit.

Does that clarify?

Customer: replied 9 months ago.
Sorry, we pay 6 months rent in advance. Does that clarify?

You do not need to pay up front until you get a new agreement.

You just continue paying monthly rent. So you pay the new rent monthly.

If they want it in advance, then you should get it in writing.

Usually, people just pay monthly.

Does that clarify?

Customer: replied 9 months ago.
It is about the increase in rent that the we want to sign on a renewal contract, and has been promised for three weeks now.
Customer: replied 9 months ago.
I just told you we pay 6 months in advance

Yes, I understand. If its just monthly in advance, you do not need a new agreement.

It can be confirmed in an email.

If they want you to pay another 6 months up front - then you do need an agreement.

Does that assist?

Customer: replied 9 months ago.
We pay 6 months up front in advance, so we need an agreement. OK, thank you for the clarification. But if they dont´t sent an agreement. What do we do?

Just pay monthly. NOT in advance.

Does that clarify?

Customer: replied 9 months ago.
But the six months in advance payment is stated in the agreement.

Yes. But that is NOT in place.

You are on a monthly rolling agreement now when the old one ends.

So THAT is why you pay monthly.

Does that assist?

Customer: replied 9 months ago.
OK, but then again, we have agreed on a slightly highter rate per week, but we don´t know the total amount per month.

Ok - just multiply that by 4.3.

That is the average per month.
Does that clarify?

Customer: replied 9 months ago.
OK - I understand the basics now. Thank you.

Great. Can I help with anything else today?

Customer: replied 9 months ago.
At this moment, no. Will contact Citizens Advice tomorrow.

Great. If I could invite you to rate my service 5 stars before you go today please, so the site credits me for time spent. If you need further help, please let me know.

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