Another 6 mths AST after 12 mths

k66

My tenant has requested another AST this time for 6 mths when her 12 mth AST expires. I am happy with this. Do I require the previous guarantor to sign the new AST?

Now a simple may be daft question. Is it normal practice to take 2 copies of the documentation to be signed at the same time and exchanged, if I see her sign it do I still need someone to witness her signature?

I presume that the original deposit remains in place and no action is required until she leaves.
Many thanks in anticipation.

theartfullodger

Guarantor does not have to sign this time & tenant is now in occupation & thus has significantly stronger position that as a prospective tenant.

Yes, new deal, new signatures on everything: Was previous Guarantor executed as a "Deed" and witnessed?? If not probably unenforceable.... There are exemplars for this available from usual sources..

I always have 2 sets of docs for everything, one for T one for LL, all signed by all parties T first and I ask T to initial each page of Tenancy agreement. G should have had sight of tenancy first (get that in writing).

Alternatively just let old tenancy roll on, month-by-month, you are still protected by Guarantor and can give T 2 months notice if you want them out.

Cheers!

Artful

k66

Thanks for your fast reply. I used all the documentation from Landlord Zone and purchased the AST forms. Can I witness the tenant's signature or does a third party have to witness it?
Cheers

theartfullodger

Witness MUST be a 3rd party & ideally not related to/involved with either of first 2 parties....

k66

Many thanks

G_M

k66 wrote: »

Thanks for your fast reply. I used all the documentation from Landlord Zone and purchased the AST forms. Can I witness the tenant's signature or does a third party have to witness it?
Cheers

Tenant's signature does NOT have to be witnessed. The tenancy agreement just needs to be signed by LL and tenant.

It is the Guarantee Deed (yes, it must be a deed as artful said) that needs a 3rd party witness. Provided this was done originally a new one is not needed (subject to the wording on the original deed).

theartfullodger

G_M wrote: »

Tenant's signature does NOT have to be witnessed. The tenancy agreement just needs to be signed by LL and tenant.

..........

'cept in Scotland
(

Requirements of Writing (Scotland) Act 1995

)

G_M

theartfullodger wrote: »

'cept in Scotland
(

Requirements of Writing (Scotland) Act 1995

)

Fair point. No idea! Wierd up there. :eek:


Is the OP up there?

theartfullodger

Speaking as an Englishman, weird down there!!!!