My fixed term contract is finishing and the agency is pressuring me to make another fixed term contract. But if we don’t make a new contract, my contract will become automatically periodic, right?
I found this in the Shelter website: “A periodic tenancy continues on the same terms and you should pay your rent as normal. It will roll monthly or weekly depending how often your rent was due during the fixed term.” But in the current fixed term I paid all the tenancy in advance (6 months). If I continue in the periodic tenancy, will I have to pay 6 months in advance???
The problem is that my limit to rent is only 4 months (my visa will expire) and the agency wants I make a 6 months contract, paying 6 months in advance…
Thank you for your answer, but I just found this in the open rent blog:
“In most cases, the period will be monthly or weekly, depending on how the rent is payable under the terms of the tenancy agreement. However, if the last payment of rent was different – for example if the tenant paid all the rent up front by one payment for six months’ worth of rent – then the period of the tenancy will reflect this last payment (so in our example it will be a six month periodic tenancy).”
Do you think they cannot make me pay 6 months in advance as that would exceed my limit to rent?
Depends what your contract says. 6 months rent upfront is normally taken as 6 x the monthly rent. In this case the period is still monthly so you would pay monthly in periodic tenancy. If it just says the period is 6 months then this would be the period and you would have to pay the 6 months although this would be unusual.
My contract says: “The Tenancy shall be from and including the 19th of May 2021 (‘the Commencement Date’) to and including the18th of November 2021.
The Tenant shall pay to the Landlord the amount of £930.00 per calendar month
The total upfront rent for 6 Months in the sum of £5,580.00 shall be payable in advance on or before the 19th May 2021.”
Then I would pay monthly in a periodic tenancy, am I right?
And if we make a new fixed term, can they make me pay 6 months in advance, if this exceed my limit to rent?
Fixed terms normally have minimum.periods of 6 months so they can ask for that, your visa doesn’t change this, but don’t see why you would agree to it. The agency are probably just wanting a fee from landlord for a new agreement. Landlord is probably fine with it going periodic.
The agency says that the landlord do not accept a periodic tenancy and that I cannot pay monthly because I am in the UK temporarily. The agency says that the landlord only accept a 6-month fixed term and the payment of all tenancy has to be in advance.
The problem is that my visa will expire 4 months after my current let contract ends. I am going to apply for a visa extension, but the approval doesn’t depends on me. Then I replied to the agency that I wouldn’t mind paying 4 months in advance. I could make a 10-month contract, with a breaking clause, that would allow me to give 1 month notice from the end of month 3, depending on my visa extension approval. Once I get my visa extension approval confirmation I then pay the remaining 6 month in advance. But they insist that if I don’t make a 6-month contract with the payment in advance, they will give me notice to vacate the flat… And if it happens, I will not be able to rent any other flat for only 4 months…