landlord- how to refresh a tenancy agreement

alberto2012

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.

She should agree to supplying a deposit as its fairly standard practice is it not?... she should count herself lucky I was such an idiot an not getting one in the first place.

Fire_Fox

alberto2012 wrote: »

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

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.. Thats all.

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.

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)

Im confused as to why my questions sem to annoy you so much?..

Thanks for your reply anyway x

I, and others, are mildly frustrated/ irritated with you ignoring suggestions, blaming others and making excuses. You've totally failed to do even a quarter of the research you needed before setting this up, instead of seeing the bigger picture and rectifying that by upskilling you are flailing around trying to address relatively minor issues. And you are at risk of creating more damage with your flailing arms.

You might want to sound the tenant out before serving notice to quit, they may be quite happy for you to make them homeless through the courts, thinking they can get a proper council house. Remember your tenant knows about CAB, they are not as green as they are cabbage looking. Is Scotland covered by the Protection from Eviction Act or similar? Read up on the harassment stuff.

Why would the council need to look over the tenancy agreement for the deposit amount? They will be looking to see the basics are in order I would have thought not having their legal team go through it with a fine tooth comb, they are not supervising you and your tenant like errant children. You are talking in both threads almost as if you think you work for the council, that they are your boss.

marliepanda

alberto2012 wrote: »

She should agree to supplying a deposit as its fairly standard practice is it not?... she should count herself lucky I was such an idiot an not getting one in the first place.

Count herself lucky?

I think you should count yourself lucky if you manage to get another tenant through the door.

I would certainly not agree to a rent increase after 6 months, never mind an additional deposit amount. Considering she is on benefits where do you imagine this money will magically come from? I imagine you'll be looking at a void or a non rent paying tenant shortly.

sandsni

There is no legal requirement to take a damage deposit, it's merely advisable for LLs to do so. Therefore there would be no reason for the council (even if it was their responsibility, which it isn't) to question the absence of one on your tenancy agreement. And there would be no reason or obligation for your current tenant to pay one when she's already living there without one.

You can only get a new tenancy agreement if the tenant agrees, but she doesn't have to agree and doesn't have to leave until you go through the proper legal process.

I'm sorry you've found yourself in this position, but if there is anything to claim for once the tenant leaves that would normally be paid for from the deposit, you will have to pursue it via other legal means (i.e. sue the tenant).

Werdnal

alberto2012 wrote: »

Yes mate, in scotland

Then you should check out the specific letting legislation surrounding Scottish Landlords, which differs from the laws covering rest of Eng/Wales. The majority of members here are from south of the border, and some of the advice you get may not be relevant or be misleading.

For instance, I believe you have to register as a Landlord up there,

alberto2012

Werdnal wrote: »

Then you should check out the specific letting legislation surrounding Scottish Landlords, which differs from the laws covering rest of Eng/Wales. The majority of members here are from south of the border, and some of the advice you get may not be relevant or be misleading.

For instance, I believe you have to register as a Landlord up there,

Thats correct mate. I have registered.

I have also been looking at the scotgov website, but doesnt seem to have the answer im looking for.

The tenant wants to stay, im fine with that. But id like a bit of security (incase of damages / unpaid rent etc) not because i feel i am legally entitled to it as it may have been potrayed earlier. But for security for my situation/finances/family..
Ive been advised to issue her with a 'notice to quit' / section 33. But is this definitely the only and correct way of doing it?
Why issue someone with a notice to leave only to retract it? Or when we both verbally agree for tenancy to continue.

Im not a rogue landlord, trying to screw the tenant over. Infact i even droppef the rent price to let her manage it initially. My mistake has been learned and wont be so naive next time. I dont see why that irks some people so much.
Just looking for straight forward facts. The proper, fair and legal way of doing things.

SwanJon

My thoughts (as a total outsider) are to forgo the deposit as it will be more hassle than it's worth (in fact I came across an agency that don't ask for one on principle - http://www.let-first.com/) You'd need to do a whole new inventry for the new agreement.

https://www.gov.uk/tenancy-agreements-a-guide-for-landlords-scotland
http://scotland.shelter.org.uk/get_advice/advice_topics/renting_rights/renting_from_a_private_landlord
http://www.eastlothian.gov.uk/a_to_z/service/345/landlords_forum

Check that you have actually agreed (and can prove) you have a SAT - did you give her the AT5 before the agreement and get it signed dated (and timed if same day as agreement)?
If not, ending then tenancy becomes a lot more difficult.

alberto2012

SwanJon wrote: »

My thoughts (as a total outsider) are to forgo the deposit as it will be more hassle than it's worth (in fact I came across an agency that don't ask for one on principle - http://www.let-first.com/) You'd need to do a whole new inventry for the new agreement.

https://www.gov.uk/tenancy-agreements-a-guide-for-landlords-scotland
http://scotland.shelter.org.uk/get_advice/advice_topics/renting_rights/renting_from_a_private_landlord
http://www.eastlothian.gov.uk/a_to_z/service/345/landlords_forum

Check that you have actually agreed (and can prove) you have a SAT - did you give her the AT5 before the agreement and get it signed dated (and timed if same day as agreement)?
If not, ending then tenancy becomes a lot more difficult.

Thanks for the links mate, but still cant find an actual step by step guide on how to correctly issue the tenant with a new tenancy agreement.

Is there a standard / official form I can send her to tell her I am looking to issue a new or refreshed agreement?

Yeah I issued her an AT5 prior to getting her to sign the Short assured agreement.

My thinking is this:
The current short assured T expires / ends on 21st June.
So can I write her a letter to say im giving her 2 months notice that I wish to do this?
If I cant do this, what do I do?

(I apologise if I seem im going round in circles. But I am grabbing quick moments to write these posts in between 2 young kids running around my feet!)

SwanJon

I don't think you'll find one - best option would be to contact the T and ask them to sign the new one - but as an SAT will roll on, they would be under no compulsion to do so .
If you seperate out the issues you'll probably find you don't need one:
Deposit - as above, probably a lost cause, but see below.
Cover for breakages - include a small amount in the increased rent to cover insurance.
Rent increase - I suspect that this can be done without a new agreement (more research required)

Don't make things more difficult than it needs to be....
If you don't want her to move out, then don't look to end the tenancy.

alberto2012

princeofpounds wrote: »

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.

Hi.

Can you clarify that I am legally entitled to do that?

i.e. just say to the tenant that, "Here is a new short assured tenancy agreement.. please sign there"....

Or is there a document I have to issue beforehand?

The current agreement states "Unless terminated by either party, the lease will continue on a month to month basis until terminated...."

It doesnt say anything aboutb being able to refresh / renew the agreement.

Hence if the tenant refuses to sign the new agreement, the way I see it my options are to serve a Notice to quit etc?...