rolling tenancy agreements (1 June legislation )

marc3

Apologies if this is covered in another thread ,but i am not much use with the 'search facility '

simply-we have a tenant on a rolling tenancy which is most likely to extend beyond 1 June.
tenant offered a new tenancy agreement -but chooses to' let it roll '

To the best of my knowledge-the existing AST and its clauses thus remain valid beyond 1 June ,and as a landlord-you do not have to issue a new AST unless the tenant requests (which as above-they wish to simply keep existing one rolling )
Is that correct ?

Apart from fee responsibility and capped deposit changes i don't think much changes anyway,although one thing depicted in the current AST is a possible carpet cleaning cost of £75 upon check out ,which would not be valid from 1 June-,but i ASSUME (always dangerous ) it does not render the current AST null and void ,and we could even still charge it if needs be .
Is that correct ?

Accurate insight/feedback appreciated.
thank you

onwards&upwards

Your clause is probably unenforceable anyway.

Tenant just needs to return the property in the same state they received it, less fair wear and tear.

If they have damaged the carpet or left it in such a state that it needs more than usual cleaning, you can make a reasonable deduction for that from their deposit, if you have all the evidence you need to back up your claim.

anselld

There is a further year before the legislation comes into force for existing tenancies including periodic extensions.

After then the tenancy will still be valid but it will be illegal to make the charge as a fee. However you could still make a reasonable deposit deduction if you can prove the state of the carpet has deteriorated beyond normal wear and tear.

Sharon87

This is the reason I don't like some landlords, issuing a mandatory cleaning charge at the end of tenancy is unreasonable anyway and I'm glad the law is changing. I always clean at the end of my tenancy and leave it in the same state as before. It's the landlord's responsibility to ensure a full inventory is done before and after so if there are damages they can be charged. Don't punish us good tenants because you had some bad ones!

G_M

* which country?
* weekly, monthly, quarterly or annual periodic?
* contractual or statutory periodic?
* dates of periods?


Whatever your tenancy agreement says, you can't charge a fee for cleaning, unless cleaning is required to get the property back to the state it was at the start of the tenancy (less fair w&t).

marc3

Thank you for the replies -true communication is the response that you get !!

my fault for not communicating correctly then , but the thread seems to have evolved as a discussion re carpet cleaning;which i merely mentioned as an example of how things are changing;so Sharon 87 -i will let you know if the flat ever becomes available-and unless you rip the carpet to shreds-promise i won't charge you ,and you can decide if you 'like me as a landlord ' .

Main thrust of question which unfortunately no -one has specifically answered , remains that where a current AST 'rolls' ,and tenant does not want a new AST ;is whether any clauses in the current AST remain valid from 1 June ,and in effect,whether an AST raised before 1 June remains valid .
(i think it does but not absolutely certain )

Lokolo

https://www.rla.org.uk/landlord/guides/tenant-fees-ban-guidance.shtml

Existing tenancies have a one year grace period before the charges come into effect.

martindow

marc3 wrote: »

Main thrust of question which unfortunately no -one has specifically answered , remains that where a current AST 'rolls' ,and tenant does not want a new AST ;is whether any clauses in the current AST remain valid from 1 June ,and in effect,whether an AST raised before 1 June remains valid .
(i think it does but not absolutely certain )

Didn't anselld in post no 3 answer this for you?

System

marc3 wrote: »

Thank you for the replies -true communication is the response that you get !!

my fault for not communicating correctly then , but the thread seems to have evolved as a discussion re carpet cleaning;which i merely mentioned as an example of how things are changing;so Sharon 87 -i will let you know if the flat ever becomes available-and unless you rip the carpet to shreds-promise i won't charge you ,and you can decide if you 'like me as a landlord ' .

Main thrust of question which unfortunately no -one has specifically answered , remains that where a current AST 'rolls' ,and tenant does not want a new AST ;is whether any clauses in the current AST remain valid from 1 June ,and in effect,whether an AST raised before 1 June remains valid .
(i think it does but not absolutely certain )

Will remain valid till 31st June 2020, read the guidance for landlords https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/791273/TFA_Guidance_for_LandlordsAgents.pdf