UK Landlord Forum / Life

Hi members,

I'm sure you have come across these issues below, so apologies if this is just a repeat but am seeking some advice.

Summary: My fixed term has ended and I am on a periodic tenancy (as per the contract). My agent has been pushing to sign a new contract, despite of me telling him I shouldn't need to, as I'm on periodic. However, he claims that a new tenancy agreement must be signed in order to validate Landlord's Rent Insurance, subsequently charging me a fee too. We spoke to our landlord and explained we are in process of buying a property and the exchange is about to happen. The landlord wasnt aware of the clause until we showed them of the periodic tenancy, which they were happy to oblige (as we are good tenants!). However this may have appeared to anger the agent as neither the landlord nor us have heard anything back from the agent.

I have also submitted Notice to Vacate, as my Exchange has gone through. My questions are as follows:

1. Is it true (if there is anything as such), that to validate Landlord's Rent Insurance, tenants need to sign another fixed term contract? If no, would periodic tenancy still protect Landlord Rent Insurance? Or is it totally irrelevant, that the Agent just made that up?

2. We (landlord and tenant) sent individual emails to agent on Sunday/Monday on agreement that we are going on Periodic Tenancy, until we serve notice and we haven't heard back a reply. I then served a notice to vacate 2 days ago and we havent heard from the agent either. This is an agent who replies in less than 24 hours has gone 5 days quiet. Should I be concerned that he hasnt acknowledged my notice to vacate?

3. I also believe my deposit is on DPS (it shows active) and spoken to them and they said it wouldnt be released until both Landlord and Tenant agree. Could this be a problematic?

Thanks
GE

1. The answer is irrelevant to you... it's someone else's problem.
2. Sorry, what did you serve - notice that you were going Periodic, even though you already were, or what you refer to as a Notice to Quit? Is email an acceptable for of serving notices in your agreement? I would have sent a couple of first class letters from different Post Offices if I had any concerns and I would have obtained, free, proof of posting (this would be all the proof you would ever need if the worst came to the worst).
3. Yes, your deposit should not be released until after the Check-Out, after you vacate, and after any deductions are - hopefully - agreed.

Thanks Hippogriff

1. The issue is the Agent is claiming that it is my problem not signing the contract is not validating landlord's rent insurance (ie he is holding me responsible as landlord's insurance cannot be validated due to no contract). I wanted to verify if this is the case?
2. First instance an email was sent by landlord and me, that we have agree a contract is not required as the clause has periodic tenancy. Neither of us heard a reply. Two days later, I served Notice to Quit. I have done email, posted one copy to the agent (though didn't think at that time to obtain proof of post, which I will post another copy today) and also handed a hard copy to the landlord (who have gracefully accepted it).
3. Thanks

GE

Some RGI policies may stipulate a fixed term tenancy agreement must be in place but, as Hippogriff says, that's not your problem. The landlord can either a) switch to a policy that doesn't make such a stipulation, b) decide to trust that you're not suddenly going to start defaulting on your rent, or c) serve you a Section 21 giving you two months' notice to leave, which, given that you're planning to leave anyway, would be a bit pointless.

Your contract is between you and your landlord so, as long you're happy and he's happy, it does not matter one jot that his agent has got a cob on because he can't stiff you for fifty quid's worht of photocopying fees.

Likewise, it's the landlord who is ultimately responsible for for the deposit so, while the agent might sulk a bit. It shouldn't be a problem.

Thanks Simon & Hippogriff.

Much appreciated.

GE