Asked to sign another tenancy agreement when on periodic

amy104

We ate currently on a periodic tenancy. Our landlord has just brought round tenancy particulars to sign to end in three months. He said he needs it for his mortgage but I'm confused as to why I need to sign a new agreement, can't he submit the old one.

G_M

Read:

Ending/Renewing an AST (what happens when the Fixed Term ends?)(What is a Periodic Tenancy?)(How can a LL remove a tenant?)(How can a tenant end a tenancy?)

amy104

I understand the difference between. Periodic tenancy and fixed term and the notice ect. I am confused as to why he wants us to sign a three month fixed term purely for mortgage purposes. We have been on a periodic tenancy for well over a year and are happy this way. The new agreement does not have any rent increase or anything like that.

G_M

I am guessing.

He may have had to renew his Consent To Let with his bank (or perhaps never had CTL but is now applying?) and a condition of the CTL is the bank want evidence that the tenancy is/will be an AST.

Now, you have an AST (a Periodic one) which should be fine, but either

a) he does not understand this or
b) he does not want them to know the tenancy started 2 years ago

Either way, this is not your problem. Decide whether a 3 month Fixed Term suits you or not.

If you are not bothered either way, you may wish to sign just to maintain friendly relations with the LL

martindow

Can you have a 3 month AST? I thought they needed to be at least 6 months.

amy104

Thank you. He is new to this so I epect he just doesn't realise we have an AST. Property was previously managed by the letting agency.

Werdnal

martindow wrote: »

Can you have a 3 month AST? I thought they needed to be at least 6 months.

You can have an AST of any length (up the 3 years I believe).

The 6 months comes from the fact that LL cannot apply for possession until 6 months after tenancy starts.

G_M

Werdnal wrote: »

You can have an AST of any length (up the 3 years I believe).

It can be longer, but any tenancy over 3 years (whether AST or not) must be Executed as a Deed.

Law of Property Act 1925

daffie

My landlord asked me to sign another agreement when the first 6 months was up. It turned out hr just didn't realise how the rolling thing came into play. He was fine about it, and I stayed until I wanted to move on and gave him a month's notice. Just explain calmly and don't panic!

amy104

My landlord asked me to sign another agreement when the first 6 months was up. It turned out hr just didn't realise how the rolling thing came into play. He was fine about it, and I stayed until I wanted to move on and gave him a month's notice. Just explain calmly and don't panic!

I already did after our original 6 months was up. I was just curious as to why 18 months later he's now asking us to sign another fixed term purely for mortgage reasons but the suggestion he's renewing his conset to let makes sense as he may not realise the periodic tenancy is an AST.