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Joshua, Lawyer
Category: UK Property Law
Satisfied Customers: 26069
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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We signed and returned a tenancy renewal agreement which included

Customer Question

We signed and returned a tenancy renewal agreement which included a rent increase and Agent fee. We have repeatedly requested our tenant copy signed by landlord. We today received a letter stating that we are now I a 'statutory periodic tenancy'. What security of tenure do we now have?
Submitted: 2 years ago.
Category: UK Property Law
Expert:  Joshua replied 2 years ago.
Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience.
May I ask how long the renewal agreement lasted? i.e. what was the renewed term?
Did you keep a copy, even if it was unsigned?
Do you still have a copy of any covering letter sending you the renewal agreement and describing its terms?
Finally could you tell me wheter you wish to stay on or wish to leave?
Customer: replied 2 years ago.
No copy kept because we expected our copy with landlord signature. Do have the letter offering renewal terms. We would prefer full 12 month extension, no wish to vacate.
Expert:  Joshua replied 2 years ago.
Thank you. Does the letter state that it encloses a renewal agreement and set out briefly the terms of the agreement please?
Customer: replied 2 years ago.
Yes, as I said we returned the signed agreement, extending the tenancy from 14.4.15 to 13.4.16. at an increased rent, which we have started paying in good faith. It is the landlord who has not returned their part signed..
Expert:  Joshua replied 2 years ago.
many thanks. A statutory periodic tenancy is what arises automatically by virtue of provisions in the Housing Act at the end of the fixed term of any assured short hold tenancy. In other words, at the end of the fixed tenancy term of the initial tenancy if you do not agree anything to the contrary with the landlord (such as a renewal or extension) and you do not move out nor the landlord serves notice for you to leave, the Housing Act intervenes to create a statutory periodic tenancy which is a month to month tenancy.In order to bring a statutory periodic tenancy to an end, you must give the landlord one months notice and the landlord must give you two months notice, in each case, the notice can only come to an end the day before rent is payable under the agreement.Based upon what you say, there is sufficient here to imply that the tenancy renewal has taken place irrespective of the landlords failure to either sign the renewal himself or return it to you. The common law holds that where an agreement is reached between two parties and that agreement is reduced into writing and one party makes payment under that agreement then that agreement shall be legally binding upon both parties irrespective of whether the agreement was actually signed or not.Accordingly, the landlords attempt to avoid the tenancy renewal and suggest you are a statutory periodic tenant will likely fail due to the above. if you wish to rely upon the tenancy renewal which from what you say, you do, you may consider applying to the agent thanking them for their recent email letter but advising them that an agreement was reached for the renewal terms, a copy of which you hold in the form of their letter and that you have both signed the renewal agreement and have started making payments under it. Accordingly, the agreement holds and is legally binding regardless of whether the landlord subsequently signed it as he has accepted payments under the agreement. accordingly, you may reject the notion that you are a statutory periodic tenant and advise that you will rely upon the terms of the agreement which provides security of tenure under April 2016 and any attempt to evict you earlier than this will be defended on the above grounds.It is important that you keep a copy of the agent's letter outlining the terms of the renewal and that you can show financial evidence that you have paid rent under the increased rent term in order to be able to rely on the above.I hope the above is of assistance? If you have no further questions for now I should be very grateful if you would kindly take a moment to click to rate my service to you today or just reply back to let me know if the above is helpful. Your feedback is important to me. If there is anything else I can help with please reply back to me I'd be very grateful
Expert:  Joshua replied 2 years ago.
I hope the above is helpful? Can I help you with anything else or has the above answered your questions satisfactorily? If you could drop me a quick message to let me know I'd be very grateful.