Tenant Question

carpediemspirit

Hi All,

My tenant is coming up to her 12 month anniversary of her tenancy agreement and just wondered what the process was going forward.

1. Do I make her sign a new 1 year tenancy agreement or let it roll as it is without her signing a new one ?

2. My tenant has commented she is saving to buy a house and not sure when she will be moving out in the next 12 months and thus has asked for a get out clause or flexibility within the agreement whereby she can get out before next September if she finds a house she likes.

Any advice/guidance would be appreciated
Regards

G_M

You can do either.
A new agreement (6? 9? 12? whatever months) gives both sides security as it commits the other for that period.

A rolling monthly periodic tenancy gives both sides flexibility as they can give the other notice at any time (tenant 1 month/LL 2 months).

So - it depends what you prefer, and what the tenant prefers - why not discuss the options?

Remember, even if you offer/demand a 12 month contract the tenant does not have to agree/sign it. They can simply stay and go periodic automatically.

may_fair

carpediemspirit wrote: »

Hi All,

My tenant is coming up to her 12 month anniversary of her tenancy agreement and just wondered what the process was going forward.

1. Do I make her sign a new 1 year tenancy agreement or let it roll as it is without her signing a new one ?

Entirely up to you and the T. And you can't 'make her' sign a renewal contract. If you and T fail to reach an agreement about the renewal, a periodic tenancy will automatically arise after fixed term expiry.

2. My tenant has commented she is saving to buy a house and not sure when she will be moving out in the next 12 months and thus has asked for a get out clause or flexibility within the agreement whereby she can get out before next September if she finds a house she likes.

She is asking for a 'break clause'. That's fair enough, and the advantage to you is that you can require the T to give, say, two months' notice to exercise the break clause; whereas if the tenancy becomes periodic, T need only give one month's notice (also expiring at the end of a tenancy period).

N.B. do not attempt to DIY draft a break clause.