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Tenancy continuation question.
Happy_saver_4
Posts: 682 Forumite
Our home has been let thru an Agent on a six month Shorthold Tenancy Agreement. The agreement does not seem to have any clauses regarding ending the agreement if the tenancy continues after the first 6 month period .
We are worried that a tenant could remain indefinitely, if they do not leave after 6 months.. I therefore have asked the Agent what happens at the end of the 6 month agreement. He says " it continues on a monthly basis ". and that is covered in the agreement as under definitions it states:-
The term of the tenancy . References to the term or the tenancy include any extension or continuation, or any statuary periodic which may arise following the end of the period set out in clause 1.9
Clause 1.9 reads. Initial term of the tenancy will be six months. Commencement date 2nd January 2009. Expiry date; to and including 1st July 2009
There is no clause in the agreement confirming that the tenancy would continue on a monthly basis with one months notice on either side etc.
Is the Agent correct in what he is telling us and is the normal and legal way?
Currently we have no problems with our tenant. But,we'd like to know where we legally stand if there are any problems in the future. Then we can rest easy in our bed .
We are worried that a tenant could remain indefinitely, if they do not leave after 6 months.. I therefore have asked the Agent what happens at the end of the 6 month agreement. He says " it continues on a monthly basis ". and that is covered in the agreement as under definitions it states:-
The term of the tenancy . References to the term or the tenancy include any extension or continuation, or any statuary periodic which may arise following the end of the period set out in clause 1.9
Clause 1.9 reads. Initial term of the tenancy will be six months. Commencement date 2nd January 2009. Expiry date; to and including 1st July 2009
There is no clause in the agreement confirming that the tenancy would continue on a monthly basis with one months notice on either side etc.
Is the Agent correct in what he is telling us and is the normal and legal way?
Currently we have no problems with our tenant. But,we'd like to know where we legally stand if there are any problems in the future. Then we can rest easy in our bed .
You don't stop laughing because you grow old, You grow old because you stop laughing
" Large print giveth - small print taketh away. "
0
Comments
-
What agent states is roughly correct. After 9th July it becomes a Periodic Tenancy: See many threads on here & landlordzone (see..
http://www.landlordzone.co.uk/forums/
) about periodic...
e.g. this one..
http://forums.moneysavingexpert.com/showthread.html?t=1638527&highlight=periodic
Think (no offence) it might repay you to take up either NLA or RLA training course for Landlords.. see..
http://www.landlords.org.uk/
http://www.rla.org.uk/
(assuming you are in England & Wales)
As it might pay to know if what the agent is doing is correct or not. He may be the AGENT but you as Landlord have the legal responsibility in almost all instances. e.g. if Deposit isn't handled correctly (say by agent) tenant can sue Landlord for 3x the deposit££..
Cheers & welcome to the fun world of being a Landlord!
Lodger0 -
Many thanks Artfullodger.:T
Your links really helpful, answered all our questions and we'll sleep soundly at night
Deposit all handled correctly, we think. The Agent charged us £30 for handling the deposit. If he hasn't done it correctly we'll have him for negligence :rotfl:You don't stop laughing because you grow old, You grow old because you stop laughing" Large print giveth - small print taketh away. "0 -
Quite right about negligence, as outlined in the contract between yourselves & the agent defining what you both do etc...
Cheers! Sleep well..
Lodger0
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