Notice to tenants/rolling contract

marc3

apologies where i am sure this question has been done to death, but its really hard scrolling back through.

Scenario- tenants AST ends 15 April.

Am i obliged to write to them to invite them to extend (and if so-is it 2 months in advance-i.e by 15 feb .

i would like them to extend ,but simply wondering whether i need to send a 'formal invitation' to do so.

i don't think i do-but i am not sure if i am up to date on that .

similarly-if i do not write to invite to stay-and both tenant and i (landlord ) do nothing-am i correct rthat it automatically goes into a rlling contract (there is reference to that in original AST) and from 15 april- i then under a rolling contract do have to provide tenant with 2 months notice if/when i wish them to vacate .

any guidance most appreciated .

thank you

theartfullodger

Do a course in how to be a landlord: RLA or NLA

ThePants999

Yeah, I'm with artful - it's clear from your post that there's a significant gap between the level of knowledge you currently have about how tenancies work, and the level you need in order to be a competent landlord. You need to do a whole bunch of reading. You can start, if you want it in short form, with the sticky at the top of this board.

Pixie5740

marc3 wrote: »

apologies where i am sure this question has been done to death, but its really hard scrolling back through.

Scenario- tenants AST ends 15 April.

Am i obliged to write to them to invite them to extend (and if so-is it 2 months in advance-i.e by 15 feb .

i would like them to extend ,but simply wondering whether i need to send a 'formal invitation' to do so.

i don't think i do-but i am not sure if i am up to date on that .

similarly-if i do not write to invite to stay-and both tenant and i (landlord ) do nothing-am i correct rthat it automatically goes into a rlling contract (there is reference to that in original AST) and from 15 april- i then under a rolling contract do have to provide tenant with 2 months notice if/when i wish them to vacate .

any guidance most appreciated .

thank you

The AST does not end 15th April. The fixed term might but the tenancy itself does not. Read the Tenancies in England/Wales sticky at the top of the board. It explains how and when an AST can be ended. It also contains other information about AST which you may find useful.

saajan_12

marc3 wrote: »

apologies where i am sure this question has been done to death, but its really hard scrolling back through.

Scenario- tenants AST ends 15 April. - No, the fixed term ends 15 April. The AST continues until specifically terminated by a court / tenant.

Am i obliged to write to them to invite them to extend (and if so-is it 2 months in advance-i.e by 15 feb . - No such obligation. Neither party has to extend, and there is no 2 month deadline if you do want to.

i would like them to extend ,but simply wondering whether i need to send a 'formal invitation' to do so. - what 'invitation'? If you both want to agree a new fixed term then it would be best to record the agreement in a written contract, similar to the one you had originally wiht dates changed.

i don't think i do-but i am not sure if i am up to date on that .

similarly-if i do not write to invite to stay-and both tenant and i (landlord ) do nothing-am i correct rthat it automatically goes into a rlling contract (there is reference to that in original AST) - what exactly does it say in the original AST? Please quote anything about notice and what happens after the fixed term in full. and from 15 april- i then under a rolling contract do have to provide tenant with 2 months notice if/when i wish them to vacate . - Yes you'd go onto some sort of rolling contract. The type, and the length of notice depends on what the "reference" is in the original AST.

any guidance most appreciated .

thank you

Discuss whether both parties actually want a new fixed term with your tenants.
IF YES, then provide them with a contract by changing the dates on the original one, for them to sign. Check all your other requirements eg deposit protection renewed if needed, gas safety cert provided..

IF NO, then it will automatically go onto a rolling contract. Check your last agreement for the "reference" to what happens after the fixed term. You have to serve 2 calendar months notice if it is a SPT but the agreement could specify a CPT with different notice period. Note your notice wouldn't end a tenancy, but rather you'd have to apply to court for a possession order and enforce it through bailiffs ~another 2-4 months.

G_M

You don't have to write, but contacting them is a good idea. Communication is important in all relationships, whether personal or business.


But for the legal niceties, read:


** Tenancies in Eng/Wales: Guides for landlords and tenants This thread is intended to provide information to both landlords and tenants relating to Assured Shorthold Tenancies (ASTs) in England and Wales.

Topics covered:

* Repairing Obligations: the law, common misconceptions, reporting/enforcing, retaliatory eviction & the new tenant protection (2015)

* Deposits: payment, protection and return

* Ending/renewing an AST: what happens when a fixed term ends? How can a LL or tenant end a tenancy? What is a periodic tenancy?

* Rent increases: when & how can rent be increased?

* Repossession: what if a LL's mortgage lender repossesses the property?

* New landlords: advice, information & links

* Letting agents: how should a landlord select or sack?

marc3

thank you for all valued replies with particular shout outs to the last three responders