New tenancy agreement?

bazwod

Hi there,

I have a tenancy agreement (I am the Landlord although new to this game!) with my tenant which is due to expire on 15th May. He wants to sign up for another six months. Do I literally just start a new tenancy agreement from the 15th May and we sign up as we did the first one? I know the first one can roll on from month to month but I want the guarantee of a further 6 months from the tenant, which he too is happy to agree to. The current agreement says I have to give 2 months notice for it to end and he has to give one months notice. If we sign a new one will it be independent of the first one and he could have two tenancies running?! I know that sounds crazy but can't comprehend!!

Thanks in advance!!!

Bazwod

DawnW

Hi, I am a fellow LL, though reluctantly, and not an expert! ASTs do normally roll on to periodic ones after the term (normally 6 months). That is what my tenants have chosen.

If yours want a new AST, I should think it would need to start from the end date of the last one. Watch out for new regulation re epc thingies and tenancy deposits on new tenancy agreements of course (if applicable). It might be cheaper and easier to just leave them on periodic. I have joined NLA (tax deductable), a great source of information and advice, I would recommend:T

tbs624

DawnW wrote: »

If yours want a new AST, I should think it would need to start from the end date of the last one. ..

Yes, a new agreement should run from 16th May

DawnW wrote: »

Watch out for new regulation re epc thingies and tenancy deposits on new tenancy agreements of course (if applicable)...

EPC not necessary for rental to tenant already in property if their original contract started pre Oct 1st 08: if current 6 month contract expires in May then there should have been an EPC in place from the start, ditto tenancy deposit registration.

DawnW wrote: »

It might be cheaper and easier to just leave them on periodic...

except that the OP has said that both he and his tenant want the extra security afforded by a new Fixed Term

DawnW wrote: »

I have joined NLA (tax deductable), a great source of information and advice, I would recommend:T

good advice - also look at RLA and Tessa's Landlord Law site.


Bazwod - with a Fixed Term contract there is no need for the T to give notice - they can simply leave at the end of the FT, although it is always courteous of them to let the LL know so that any possible deposit issues can be settled in good time.


(all assuming property is in Eng/Wales)

theartfullodger

Yup, but in Scotland any new tenancy (even for same tenant) requires EPC. Daft but true..!

Cheers!

Lodger

tbs624

So T having lived there for the previous 12 months looks at LLs shiny new colourful EPC cert and shrieks "Gadzooks, I must move on - this place is only D scored. I never knew it had double glazing, that it was terraced and my heating bills were average" Madness.

bazwod

Thanks everyone. I will indeed sort out the new agreement then, and ASAP!!! Hopefully the previous inventory will still remain valid. I will send the tenant an email so that I can still get agreement in writing that nothing has changed. The deposit is with the protection scheme and the contract is a template that I bought from the RLA. I'll have to look into membership and see how much it is etc.

Thanks for your help and the heads up that the tenant would not need to give notice if coming to the end of the fixed term, that would of left me a little annoyed!!! Ta muchly

Bazwod