tenancy extension

silvercar

Does anyone have the wording for a tenancy extension (AST).

Any comments on this:

"Memorandum to AST.

Address_____

Landlord X

Tenant Y

This memorandum is noted as a supplement to the original tenancy agreement.

The tenancy is hereby extended from date1 to date2 and is subject in all respects to the same terms and conditions and provisions as outlined in the said agreement save as amended below:

The deposit will be held under one of the statutory deposit protection schemes and the scheme rules will apply.

Signed: tenant date:

Signed: landlord date: "

info: there is no rent increase at this time. deliberately not specifying the TDS at this time so that it could in theory be changed during the tenancy if I wanted. I would give the tenant the prescribed notice within 14 days of the renewal date.

Any comments appreciated.

november

Sorry not a reply to your post but an additional question. I note you have the deposit held under the new statutory deposit schemes.

A friend of mine normally has had her tenancy renewed every 6 months. This time they have used a tenancy extension which they say excludes it from holding her deposit under the new scheme but means the letting agent can continue to hold the deposit as the original tenancy predates the new rules. Does anyone know if this is the case?

Its the first time I've ever heard of a tenancy extension as usually our landlords roll over or renew.

prudryden

Silvercar: Very similar to my Memorandums. However, I do mention the rental amount and the terms of giving written notice for each party. I also do not mention the deposit in the memorandum, but send that separately.

rosysparkle

November (hi!) A new fixed term is a 'replacement' tenancy and as such falls under the deposit protection rules. A periodic (month by month) does not.

So it depends what term they are stating for the extension.

silvercar

prudryden wrote: »

Silvercar: Very similar to my Memorandums. However, I do mention the rental amount and the terms of giving written notice for each party. I also do not mention the deposit in the memorandum, but send that separately.

I did think of mentioning the notice periods and then worried whether it would look odd that I had specifically reitereated that and nothing else.

prudryden

silvercar wrote: »

I did think of mentioning the notice periods and then worried whether it would look odd that I had specifically reitereated that and nothing else.

I should have said that I reinterate the notice periods because we have mutually agreed that the tenants would give me two months notice rather than the statutory minimum of one month. If your tenants give one month, then you probably don't have to mention it again.

november

rosysparkle wrote: »

November (hi!) A new fixed term is a 'replacement' tenancy and as such falls under the deposit protection rules. A periodic (month by month) does not.

So it depends what term they are stating for the extension.

Hiya Rosy. Aha this is the web site you meant :rotfl:Thanks

Its a letting agent. This is the first time they have called it an 'extension' rather than a 'renewal'.

Its a fixed term extension so it would come under the new rules which is what I thought as it didn't seem logical you could use a different world to avoid the national scheme.

She's ringing them now to find out which scheme her deposit will now come under.

Thanks also to the OP for starting this thread and reminding me of her query. Also for showing me what an extension looks like.:T

silvercar

So now I have:

"Memorandum to AST.

Address_____

Landlord X

Tenant Y

This memorandum is noted as a supplement to the original tenancy agreement.

The tenancy is hereby extended from date1 to date2 and is subject in all respects to the same terms and conditions and provisions as outlined in the said agreement.

The rental to remain fixed at XX per calender month, payable in advance by equal calendar monthly payments on or before the __ day of each month by bank standing order.

Signed: tenant date:

Signed: landlord date: "

prudryden

How about:

MEMORANDUM TO ASSURED SHORTHOLD TENANCY

RE: Address ("the premises")

THIS MEMORANDUM OF AGREEMENT is made on _______, 2007 and is supplemental to a Tenancy Agreement (herein called the Agreement) made on ______, 2006, between ___________ of the one part ("the Landlord") and __________ the other part ("the Tenant").

Whereby it is hereby agreed by and between the Landlord and Tenant that the Tenancy created by the Agreement over the above mentioned premises shall continue for a further period of twelve months from noon on _______,2007 to ________2008 at a rental of ________ per calender month.

This agreement may be terminated by the Tenant giving two months written notice and the Landlord giving two months written notice such notice to take effect from the next rent due date following service of such notice.

The extended Tenancy hereby created is subject in all respect to the same terms and conditions and provisions as those contained in the said Agreement save as amended above.

AS WITNESSED THE HANDS OF THE SAID PARTIES

LANDLORD: _____________

WITNESS:
Address:

TENANT:__________

WITNESS:
Address:

silvercar

Witness, what witness! Hadn't thought of that!

silvercar

So to revamp an old thread, but a question.

Why would you include notice periods in a fixed term tenancy extension. Surely the point of a year's extension is for security on both sides and as such the tenancy lasts for the full year and could not be broken by giving notice by either side?

Or am I missing something?