Short assured tenancy - scotland

alberto2012

Firstly, apologies for covering this topic again.

My question is,
How + When can I legally / correctly issue a tenant with a new tenacy agreement?

As I wish to make changes to the current one (fixed term ends on 21ST June)

The scottish Government website states :
"If your landlord offers you a new short assured tenancy when a previous one comes to an end, that is a new contract and they can set a new rent. It is for you to decide whether you want to accept the new contract on those terms. This does not count as a change in rent."

http://www.scotland.gov.uk/Topics/Built-Environment/Housing/privaterent/tenants/money/rents

So from what ive read, it can be done.

But what it doesnt tell me if there is any period of notice I have to give or the manner in which I can do it?

Is it just a case of presenting the tenant with this new agreement? i.e. either by hand or recorded delivery...

I understand a SAT will 'roll over' on a month / month basis, but
my reasons for wanting to get a new agreement done are:


- The current one doesn't have a clause in which the rent can be reviewed..
- to include an inventory
- have a witness present on the signing
- TRY and secure a small deposit.. with (i feel are fair) options to pay in installments...

(I also understand the tenant is not obliged to sign any new agreement)...
Suppose il cross that bridge if I come to it ....

Bryando

I assume you know the difference between short assured and assured. Since you speak of short assured you did serve the correct document to make it a short assured. If not, then legally it is assured.

If you want to change the tenancy then I 'think' you need to serve them notice to leave. Then ask them if they want to continue to reside there they need to sign an updated tenancy agreement.

Without giving the notice to leave then yes it will run into a month to month contract, thus they don't need to sign. So my understanding is you would need to end the current contract.

You could advise the tenant you will be ending the current tenancy as you intend to update the agreement. If they are happy with the agreement then you are happy to offer them it.

Key is whether you served an AT5 I think it;s called when the tenancy was signed. If not then you have an assured tenancy.

alberto2012

Bryando wrote: »

I assume you know the difference between short assured and assured. Since you speak of short assured you did serve the correct document to make it a short assured. If not, then legally it is assured.

If you want to change the tenancy then I 'think' you need to serve them notice to leave. Then ask them if they want to continue to reside there they need to sign an updated tenancy agreement.

Without giving the notice to leave then yes it will run into a month to month contract, thus they don't need to sign. So my understanding is you would need to end the current contract.

You could advise the tenant you will be ending the current tenancy as you intend to update the agreement. If they are happy with the agreement then you are happy to offer them it.

Key is whether you served an AT5 I think it;s called when the tenancy was signed. If not then you have an assured tenancy.

Hi, thanks for your reply.

Yes youre right, I issued an AT5 prior to them signing the agreement.

sandsni

I'm beginning to suspect spam/troll here. Same basic question 3 times in 3 different ways in the past couple of days

tbs624

OP - you have been asked in your other threads to keep your related postings together.

It's not hard and it keeps forum life simpler.

https://forums.moneysavingexpert.com/discussion/4568217
https://forums.moneysavingexpert.com/discussion/4566931

Werdnal

sandsni wrote: »

I'm beginning to suspect spam/troll here. Same basic question 3 times in 3 different ways in the past couple of days

Not necessarily, just think OP maybe a little "hard of understanding". Being given same answer to same 3 basic questions in 3 different posts might sink in eventually!

OP, the answer is "legally you can offer the tenant a "new" tenancy, but tenant does not have to sign it" ... and why would they when you are basically only trying to put right your mistakes in the first place.

So if they refuse to sign it, what will your next step be? Are you planning to evict if they don't? If not, whats the point in stirring up your tenant by trying to pull the wool over their eyes in hoping they will sign up to clauses you should have included in the first agreement?

Your tenants might be ignorant enough to sign a new agreement, but I cannot see them coughing up a deposit now and I do not think you can enforce this either.

Werdnal

tbs624 wrote: »

OP - you have been asked in your other threads to keep your related postings together.

It's not hard and it keeps forum life simpler.

https://forums.moneysavingexpert.com/discussion/4568217
https://forums.moneysavingexpert.com/discussion/4566931

tbs, I think OP is holding on to some forlorn hope that someone might reply telling them they are doing everything right, hence starting a new thread and conveniently trying to forget we've been there and done this atleast twice already ...