New Lease: Why? No Witnesses? Anything to look out for?

Naf

So yesterday, over 6 years since our original AST ended, our LL decided he wanted to set up another one. I have no problem with that, its another 3 years of security and we intend to stay anyway; but the suddenness of it concerns me slightly.


Literally he mentioned it yesterday morning, and already dropped off the paperwork for us to sign early afternoon. Seems as though he must have a reason, and while it may well be none of my business (mortgage renewal?), is there any potential reasons that ought to concern me?


Secondly he isn't bothered about having witnesses for the signatures. To my mind that sort of makes the process pointless, doesn't it? What could go wrong if we don't insist on having someone to countersign that?


Finally is there anything generally about the contract which I should particularly loo out for changing? It looks as though he's just got a standard one from WHSmiths to be fair; but while I'm checking through are there any sneaky changes which should concern me?


Thanks

Marvel1

I would read it over with a fine tooth comb in case he add or changes something and compare with the current one.

need_an_answer

Is there anything in your original contract that mentions fees?

The only reason I can possibly think of is that under the new rules as of 1st June you cant be charged to set up a new fixed term tenancy unless it states in your previous contract that a charge could be made.

I also assume that your previous AST went onto a rolling contract at some point so that would negate the need for a new fixed AST.

Whatever happens do not pay any charges for setting this up.

If its what you want...then by all means enter into it...however if you do see the need to break the contract during the time its in force,just explain to the LL that you are happy as you are thank you and will remain on a rolling contract.

Under the new rules as of 1st June if you were to request an amendment to this new contract at some point in the future then you could be charged a max of £50 by the LL to do so.

AdrianC

Naf wrote: »

So yesterday, over 6 years since our original AST ended

Your assured shorthold tenancy didn't end. Only the fixed period did. The tenancy itself continued, unchanged, on a statutory periodic "rolling" basis.

our LL decided he wanted to set up another one. I have no problem with that, its another 3 years of security and we intend to stay anyway; but the suddenness of it concerns me slightly.

Literally he mentioned it yesterday morning, and already dropped off the paperwork for us to sign early afternoon. Seems as though he must have a reason, and while it may well be none of my business (mortgage renewal?), is there any potential reasons that ought to concern me?

Read it alongside your old one. See what's been included that wasn't there before.

Secondly he isn't bothered about having witnesses for the signatures. To my mind that sort of makes the process pointless, doesn't it? What could go wrong if we don't insist on having someone to countersign that?

Nothing much, no.

Finally is there anything generally about the contract which I should particularly loo out for changing? It looks as though he's just got a standard one from WHSmiths to be fair; but while I'm checking through are there any sneaky changes which should concern me?

Just compare it with the existing one. Compare the terms, compare the rent increase clauses.

need_an_answer

On a separate note how much deposit does the LL hold in a scheme on your behalf?

Is the deposit more than 5 weeks rent?

If so and you sign this new contract you are entitled to ask for any deposit held that's in excess of 5 weeks rent to be returned to you and the LL must comply.

System

It could well be to update the agreement to a 1st June 19 compliant one, there is no requirement for a tenancy agreement to be witnessed

Comms69

Naf wrote: »

So yesterday, over 6 years since our original AST ended, our LL decided he wanted to set up another one. I have no problem with that, its another 3 years of security and we intend to stay anyway; but the suddenness of it concerns me slightly.


Literally he mentioned it yesterday morning, and already dropped off the paperwork for us to sign early afternoon. Seems as though he must have a reason, and while it may well be none of my business (mortgage renewal?), is there any potential reasons that ought to concern me?


Secondly he isn't bothered about having witnesses for the signatures. To my mind that sort of makes the process pointless, doesn't it? What could go wrong if we don't insist on having someone to countersign that?


Finally is there anything generally about the contract which I should particularly loo out for changing? It looks as though he's just got a standard one from WHSmiths to be fair; but while I'm checking through are there any sneaky changes which should concern me?


Thanks

Very few contracts require a witness, however if it's for more than 3 years it actually should, because an AST is not valid for that length of time.


To be honest tenancy contracts don't really have an 'gotcha's', the law limits what is and isn't possible.

Naf

AdrianC wrote: »

Your assured shorthold tenancy didn't end. Only the fixed period did. The tenancy itself continued, unchanged, on a statutory periodic "rolling" basis.

While I take your point, if you want to get technical the AST did end and a new periodic tenancy automatically began to replace it.

need_an_answer wrote: »

Is there anything in your original contract that mentions fees?

The only reason I can possibly think of is that under the new rules as of 1st June you cant be charged to set up a new fixed term tenancy unless it states in your previous contract that a charge could be made.

Well there's nothing in the new one about it, and I can't remember the old one mentioning it. (I'm at work and its at home).

need_an_answer wrote: »

I also assume that your previous AST went onto a rolling contract at some point so that would negate the need for a new fixed AST.

Yeah, I appreciate there's no need; but since we'll be here anyway, its nice to have the security.

need_an_answer wrote: »

Whatever happens do not pay any charges for setting this up.

I was amazed that he hasn't even tried to up the rent at this point - its not changed for the whole of the 7 years we've now been here.

need_an_answer wrote: »

On a separate note how much deposit does the LL hold in a scheme on your behalf?

Just one month, was all sorted and protected by the agency who set it all up in the first place.

need_an_answer

So the new tenancy agreement is still at the same monthly rent?

Naf

need_an_answer wrote: »

So the new tenancy agreement is still at the same monthly rent?

Yep. One of the reasons I'm confused why he did it.

tom9980

i expect he is doing a mortgage deal and the lender requires a tenancy agreement.