Tenancy expired - paperwork to renew?

waterwatereverywhere

Hi,

We have a small flat which we rent out after we moved in together.

Tenant has been there for 12 months under an Assured Shorthold Tenancy Agmt and she would like to have a new 12 month tenancy but with a "break clause" allowing her to give notice in around month 10 due to a possible change in her work contract.

This is all fine by us as she's been a good tenant but she wants a new agreement so she has security of another 12 months.

The last AST was really long - can we just put together a simple letter to be signed by us both saying all the old terms of the AST apply but just with a new term from Date X to Date Y and saying it is agreed that tenant can give one month notice no earlier than Date X.

Would this be okay rather than having to do a whole new AST?

If anyone has any knowledge on this we'd be very grateful. there aren't any letting agents otherwise we would pick their brains.

Huge thx for any help on this.

BitterAndTwisted

It isn't strictly necessary to have a new AST at all if both parties are happy to continue with the original terms and conditions, this then becomes a rolling periodic tenancy. The only difference, other than both parties being tied to a defined length with a guarantee of the rent coming in is the notice period which is one month for the tenant to give to the landlord and two months for the landlord to give to the tenant, coinciding with the rent-day. It all depends on whether you both want that flexibility

eco-friendly_2

You could continue on a month to month basis,[periodic] but if your tenant wants a new lease simply change the dates from your original, and print a new one for the agreed period.

ramirezhenry55

I think a simple letter would suffice as well. Since a contract is a meeting of the minds and is binding and executory in itself once signed. Just have a witness upon signing.

clutton_2

just print out a new one & change the dates - 10 minutes

G_M

clutton wrote: »

just print out a new one & change the dates - 10 minutes

Assumes the OP has the original soft copy. If it was provided by an agent who provided a tenant-find service, then what OP is really asking is 'how do I use agent's AST without going back to the agent'!

Answer - get your own AST (from your landlord's association for example) or move tenants to a periodic tenancy.

k4leem

I am in the same boat ... had a one year contract in 2005 ... but the agent was crap and never chased for any renewals .... so this has dragged on and on ....tenant is happy ... we are sensible landlords ...no rent increases .. so its gone on until now.

So legally ... has my AST really turned into a rolling contract ? (the AST did have an expiration date !) .... or am I getting away with it.

Point is ... I dont want to go back to the (crap) agent .... as they could clobber me for renewal fees for the last 4 years ! .... so tempted to get a new AST ... but interested if I could let sleeping dogs lie.

Thanks in advance

BitterAndTwisted

Your tenant went onto a rolling periodic tenancy the day after the original AST expired

terryw

k4leem wrote: »

I am in the same boat ... had a one year contract in 2005 ... but the agent was crap and never chased for any renewals .... so this has dragged on and on ....tenant is happy ... we are sensible landlords ...no rent increases .. so its gone on until now.

So legally ... has my AST really turned into a rolling contract ? (the AST did have an expiration date !) .... or am I getting away with it.

Point is ... I dont want to go back to the (crap) agent .... as they could clobber me for renewal fees for the last 4 years ! .... so tempted to get a new AST ... but interested if I could let sleeping dogs lie.

Thanks in advance

It is now a statutory tenancy on the same terms as the original except tenant must give one months notice and landlord two months notice (both ending at the end of a rental period)on a