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landlord- how to refresh a tenancy agreement

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Hi.

My tenants 6month/short assured tenancy is due to end in june.

The current one states it can/will continue on a month to month basis given its not terminated by either party.

The tenant currently wishes to continue.

I am happy for it to continue also but would like to make some changes to tje agreement.. (1. Secure a deposit this time! Doh..)
(2. Maybe increase rent. Boooo)

Is this a fairly simple and legal process to carry out?

Thanks for any help
«13

Comments

  • sandsni
    sandsni Posts: 683 Forumite
    Is this pretty much the same query as on your previous post?

    https://forums.moneysavingexpert.com/discussion/4566931=

    Chances are you'll get pretty much the same replies.
  • Werdnal
    Werdnal Posts: 3,780 Forumite
    Part of the Furniture Combo Breaker
    edited 25 April 2013 at 2:43PM
    Join a LL association (fees are tax deducatable) and you will have access to fully tested and legally binding up to date agreements, plus all the other legal documentation you will ever need, and legal helpline if things get really tough!

    Changing/updating TA is not rocket science, but if you DIY it the only way you may discover that a clause is not binding is when the tenant challenges it in court and wins!

    However, if your tenant refuses to sign the new agreement, you cannot force them to. They do not need to renew and can ask to continue on an SPT.
  • princeofpounds
    princeofpounds Posts: 10,396 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Create and sign a new tenancy, or create and sign an addendum modifying the original contract.

    A new tenancy is probably easiest as there is less opportunity for mistakes, not that anything you are doing seems that complicated.

    Increasing rent does not normally require a new contract, depending on how yours is worded. You want to look into a Section 13 notice process.

    Remember to protect that deposit!
  • GDB2222
    GDB2222 Posts: 26,213 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    New tenancy, as too late to secure the deposit on the old one. I have some doubts even then.

    Don't forget that you have to secure the deposit AND issue all the right paperwork.
    No reliance should be placed on the above! Absolutely none, do you hear?
  • Fire_Fox
    Fire_Fox Posts: 26,026 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    You've already been told the tenancy is not ending the fixed term is, if no action is taken the tenancy automatically becomes a statutory periodic irresepective of what your AST says. You've also already been advised to join a landlord's association and attend courses.

    You cannot force the tenants to sign a new agreement, you are absolutely in the wrong if you give them the impression that they have to (AKA lie by omission). You cannot impose new conditions without a new agreement, I can't see any reason why the tenant would agree to a deposit AND a rent increase!

    Next time please add new queries on the same topic to the original thread, it saves people repeating themselves.
    Declutterbug-in-progress.⭐️⭐️⭐️ ⭐️⭐️
  • alberto2012
    alberto2012 Posts: 108 Forumite
    edited 28 April 2013 at 1:39PM
    Fire_Fox wrote: »
    You've already been told the tenancy is not ending the fixed term is, if no action is taken the tenancy automatically becomes a statutory periodic irresepective of what your AST says. You've also already been advised to join a landlord's association and attend courses.

    You cannot force the tenants to sign a new agreement, you are absolutely in the wrong if you give them the impression that they have to (AKA lie by omission). You cannot impose new conditions without a new agreement, I can't see any reason why the tenant would agree to a deposit AND a rent increase!

    Next time please add new queries on the same topic to the original thread, it saves people repeating themselves.

    I dont plan on forcing anyone to do anything. So no need to imply that.
    If she doesnt , she can leave.

    Im also well within my rights surely to submit a new agreement(at the ending of another) ? nothing rogue like in that is there?

    My query is the correct method of re-newing an agreement..

    Ive been advised by my solicitor to serve a 'notice to quit' , then give her the option of signing new agreement. Again, if she doesnt want to , theres the door.
    No point in continuing with the tenancy if I am not comfortable with it.

    She is not meeting me half way (I have been more than fair with her) then I have gave her every opportunity to stay and to resolve this....

    All im trying to do is learn from my mistake of not getting an initial deposit. (even tho the agreement says i was to get one... And which she signed... And which the council should/wouldve looked over
    I have since learned the hard way that the council have nothing to do with this...)

    Im confused as to why my questions sem to annoy you so much?..
  • Werdnal
    Werdnal Posts: 3,780 Forumite
    Part of the Furniture Combo Breaker
    In one of your previous posts, you mentioned Section 33 and Notice to quit, and you also refer here to tenant's "short-assured tenancy" - Are you in Scotland?
  • alberto2012
    alberto2012 Posts: 108 Forumite
    Yes mate, in scotland
  • alberto2012
    alberto2012 Posts: 108 Forumite
    sandsni wrote: »
    Is this pretty much the same query as on your previous post?

    https://forums.moneysavingexpert.com/discussion/4566931=

    Chances are you'll get pretty much the same replies.

    No mate. Different question....
  • AFK_Matrix
    AFK_Matrix Posts: 682 Forumite
    So no forcing there then lol, if she doesn't sign then its the door, that sounds like forcing to me.

    You can not force her out at the end of the agreement with out issuing a Section 21 2 months before the AST ends and the date should co incide with the end of the AST. Even then she doesn't have to get out you know.

    And if she doesn't sign your new agreement she doesn't have to leave as it will roll into a SPT so saying she can leave is completely wrong lol.

    You so need to join a landlords association before you make another mistake that sees you in more trouble.
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