tenancy agreement memorandum of renewal

dccantona

Does anyone know some legalize with regards to a memorandum of renewal for an AST. My anniversary is up and the new LL wants to increase by 6% & the period is for a further 6 months . Does this mean I have a " new" 6 month contract or is this just a rolling periodic contract where I can still be given 1 month's notice, instead of 2. Other tenants in my block have been told that if they don't accept the increase & sign ; then a month's notice will be issued. For the record only 1 week's notice of the increase/memo was given.
Secondly the new LL bought the property 6 months ago but kept us in situ with the old LL contract. Can they now extend a contract with us that clearly has the old LL details. We presume that when they bought the block they didn't want to issue a new contract for whatever reason but none of us have a signed agreement with the new LL.
Also the memo states this is a 6 month extension based on the contract signed last year in August 2013 between themselves ( herein called the LL) & ourselves( the tenant). How can they claim to be the LL for a contract signed before they even bought the property?
Finally some of us have looked at our contracts & deposits & have discovered the old LL secured our deposits 40 days after we moved in; this has now been updated to show the new LL details but only since Feb 2014 when the property was sold/bought. Are they now liable even though original deposits were dealt with by someone else.

princeofpounds

Does anyone know some legalize with regards to a memorandum of renewal for an AST. My anniversary is up and the new LL wants to increase by 6% & the period is for a further 6 months . Does this mean I have a " new" 6 month contract or is this just a rolling periodic contract where I can still be given 1 month's notice, instead of 2.

We don't know.

We can't see the agreement.

Normally, it is a new tenancy agreement that is largely a copy of the old one. I sincerely hope the period is not 6 months - you probably mean the fixed term. The period is the 'unit' of letting time, so a typical AST would have monthly periods and a fixed month of 6 months or 12 months.

If you want a rolling statutory periodic tenancy, where the LL needs to give you 2 months notice and you 1 month, then you don't need to do anything. After a fixed term ends an AST automatically turns into one. If the LL wants to raise the rent and you agree then you can just start paying the higher amount by mutual agreement (helps to make a written note of it, but nothing formal is technically required).

The third option is to extend the fixed term of the existing tenancy by modifying the contract. This will require an addendum to the contract. It's not best practice, as it's a bit more complicated than a new agreement (for example, it is not possible to do it indefinitely as ASTs have a maximum length). But I see no reason why it couldn't be valid. Maybe other posters have come across this sort of thing.

Other tenants in my block have been told that if they don't accept the increase & sign ; then a month's notice will be issued. For the record only 1 week's notice of the increase/memo was given.

1 months notice is highly unlikely to have any legal validity whatsoever.

If a tenant refuses to pay a rental increase, then the LL can consider a Section 21 notice to terminate the tenancy (which typically takes minimum 2 months to work) or a Section 13 notice to increase the rent unilaterally. Both only work after the fixed term has ended.

Secondly the new LL bought the property 6 months ago but kept us in situ with the old LL contract. Can they now extend a contract with us that clearly has the old LL details. We presume that when they bought the block they didn't want to issue a new contract for whatever reason but none of us have a signed agreement with the new LL.

The Landlord is the owner of the house. When the old landlord sold to the new landlord, he assigned his position in those contracts to the new landlord. So everything remains valid and apart from the obvious fact it is a different person, little changes from your perspective as tenants.

Also the memo states this is a 6 month extension based on the contract signed last year in August 2013 between themselves ( herein called the LL) & ourselves( the tenant). How can they claim to be the LL for a contract signed before they even bought the property?

As per above.

Finally some of us have looked at our contracts & deposits & have discovered the old LL secured our deposits 40 days after we moved in; this has now been updated to show the new LL details but only since Feb 2014 when the property was sold/bought. Are they now liable even though original deposits were dealt with by someone else.

The new LL is responsible for return of the deposit. As with the contract, it should have been assigned to him when he bought the property. If it wasn't, that's not your problem.

G_M

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?)

provide wording of 'momorandum'

dccantona

The third option is to extend the fixed term of the existing tenancy by modifying the contract. This will require an addendum to the contract. It's not best practice, as it's a bit more complicated than a new agreement (for example, it is not possible to do it indefinitely as ASTs have a maximum length). But I see no reason why it couldn't be valid. Maybe other posters have come across this sort of thing.

the memo is for 6 more months but does that mean a new contract; ie 1 months notice from me / 2 from LL or as a rolling contract 1 month either way?

2) rent increase - The amount of notice your landlord gives you before the rent increase takes effect must be at least one rental period (usually one month). Notice of changing any other terms of your tenancy must give you at least three months' warning.----this is from Shelter so the 1 week notice of memo & rent increase is illegal?

3)
The Landlord is the owner of the house. When the old landlord sold to the new landlord, he assigned his position in those contracts to the new landlord. So everything remains valid and apart from the obvious fact it is a different person, little changes from your perspective as tenants.

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Except I have never signed a new contract with the new LL. Whether or not it has been sold surely a new contract with the correct details should be in place.

4)
The new LL is responsible for return of the deposit. As with the contract, it should have been assigned to him when he bought the property. If it wasn't, that's not your problem.----So therefore even though they didnt delay the deposit being secured are you saying the new LL are now legally responsible for breaking the law on securing the deposit.