Here is a question to the blog clinic from Sandra (not her real name) who is a tenant
I am very confused about the type of tenancy I have!!
I moved into my flat in September 1992.Since then the property has changed hands and I have a new landlord.
From what I have been told by my previous landlord is that because he didn’t follow the legal procedures requiered by law,I have become a Protected Tenant .
When he was selling his flat to my new landlord I seeked legal advice and was told that my status as Protected tenant won’t be affected.
I don’t know if my new landlord knows of my status. He has been issuing me with yearly shorthold tenancies, which I have signed, until 31st Aug 2012,when he hasn’t renewed my tenancy agreement and informs me that I am a Statutory Periodic Tenant.
Where do I stand??
I will be very grateful to shed some light on my worrying situation.
There is no need to worry. If, as your original landlord told you, you are an assured tenant (ie not an assured shorthold tenant) then this won’t have been affected by signing the tenancy agreements given to you by your new landlord.
All this will have done is change the terms and conditions of your tenancy (eg the rent) – it won’t have changed its nature (ie changed it from an assured to an assured shorthold tenancy)
In fact you do not have to sign new tenancy agreements if you don’t want to. As an assured tenant you have strong rights of security of tenure and your landlord cannot evict you becuase you refused to sign. Indeed it will generally be in your best interests NOT to sign.
What you will have now (as your landlord told you) is a periodic tenancy. All assured and assured shorthold tenancies will run on automatically after the end of any fixed term on a statutory ‘periodic tenancy’. This is fine and nothing to worry about, many tenancies run on for many years under periodic tenancies and it is all perfectly legal.
Compared to many other tenants today you are in a very good position.