AST to SPT then AST renewal - what's the legal position?

annaS_2

Hi

I am the tenant. (Rent < £25k pa; deposit is registered; England.)

My AST has now lapsed into a SPT but the agent is insistent that I sign a 6 month fixed term renewal. (Agent will not receive a fee from either the Landlord or myself - it's not the usual agency renewal fee situation)

The document I've been sent to sign is the first draft of the AST (changes were made before we signed). I have also been emailed to say I can give 2 months notice at any time during the renewed fixed term (not in the doc) *.

Q1: Would this legally be considered a renewal if the terms are different? To my mind it would be a new contract.

I have tried reading Sections 5 and 6 of the 1998 Housing Act three times - I can't make sense of the legalese! So:

Q2: What is the legal standing of a "renewal" that skips a different type of tenancy in the middle?

Bonus points for:

Will the Landlord have to re-submit my deposit to the deposit scheme?

Thanks so much!

--
* Obviously, I would ask for the amends to be added back in if I sign!

Ankatden

No reason for you to do anything and I would ignore letting agency.

DH is a LL and has never yet asked a tenant to sign a new contract at end of 6 months as views it along the lines if they paying and not thrashing the place then why bother. If they ask he will do it or IF rent has gone up but where nothing changes he leaves as is.

If they wanted you out you would get 2 months anyway under S21.

N79

annaS wrote: »

Hi

I am the tenant. (Rent < £25k pa; deposit is registered; England.)

My AST has now lapsed into a SPT but the agent is insistent that I sign a 6 month fixed term renewal. (Agent will not receive a fee from either the Landlord or myself - it's not the usual agency renewal fee situation)

The document I've been sent to sign is the first draft of the AST (changes were made before we signed). I have also been emailed to say I can give 2 months notice at any time during the renewed fixed term (not in the doc) *.

Q1: Would this legally be considered a renewal if the terms are different? To my mind it would be a new contract.

I have tried reading Sections 5 and 6 of the 1998 Housing Act three times - I can't make sense of the legalese! So:

If terms other than those relating to notice change then it is a new tenancy. There really is no legal difference between a renewal and a new tenancy - when you sign a new AST any previous tenancy is consigned to history (the act of signing a new tenancy is taken as the surrender of the old). So your question is a non question!

Q2: What is the legal standing of a "renewal" that skips a different type of tenancy in the middle?

It makes no difference. The new tenancy supersedes any and all previous tenancies.

Bonus points for:

Will the Landlord have to re-submit my deposit to the deposit scheme?

Depends on the scheme rules. DPS no. Others LL may have to pay a new fee. Either way it is transparent to you. You only need to worry if the scheme write to you to tell you that your deposit will be "unprotected"/

Can I have my bonus points now please!

annaS_2

Thanks for your replies.

N79 - Your answers confirmed my suspicions and you definitely get your bonus points!