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Tenants staying on in property after 1st 6 months - Is another Tenancy agreement req?
flier
Posts: 88 Forumite
We rent our property in scotland.
We recently changed our letting agents (coming up for 6 months now) and our current tenants' want to stay in the property. Great.
We have received from our letting agents a new short assured tenancy agreement to be signed by us and then by the tenants. I have compared this agreement with the first one we signed and everything is the same apart from one item:-
We recently changed our letting agents (coming up for 6 months now) and our current tenants' want to stay in the property. Great.
We have received from our letting agents a new short assured tenancy agreement to be signed by us and then by the tenants. I have compared this agreement with the first one we signed and everything is the same apart from one item:-
under paragraph "The Term" a new part has been added. The term we wanted to stick to was 6 months and the agreement reads
"The tenancy will commence on.......and will endure for 6 months terminating on......... PROVIDED ALWAYS that the landlord and the tenant hereby agree that, notwithstanding any terms of this areement or rule of law to the contrary, the doctrine of tacit relocation is excluded from operation with the respect to the tenancy hereby created"
the new part is in red. Now we have googled "tacit relocation" and (I think) we understand its meaning - that it is the continuation of a lease after its expiry by operation of law because neither party has taken steps to terminate the lease.
So, do we need another tenancy agreement, or is this just the letting agents way of skinning us for another £75?
This never happened with our previous letting agents, and all our tenants have stayed on for longer than a year.
"The tenancy will commence on.......and will endure for 6 months terminating on......... PROVIDED ALWAYS that the landlord and the tenant hereby agree that, notwithstanding any terms of this areement or rule of law to the contrary, the doctrine of tacit relocation is excluded from operation with the respect to the tenancy hereby created"
the new part is in red. Now we have googled "tacit relocation" and (I think) we understand its meaning - that it is the continuation of a lease after its expiry by operation of law because neither party has taken steps to terminate the lease.
So, do we need another tenancy agreement, or is this just the letting agents way of skinning us for another £75?
This never happened with our previous letting agents, and all our tenants have stayed on for longer than a year.
0
Comments
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AFAIAA “tacit relocation” literally means a "silent renewal of lease” ie, the common law rule that the Agreement would automatically be renewed for the same period and with the same terms ( or the Agreement Term could initially be for 6 months, and stipulate going onto monthly terms thereafter) unless the tenant gives notice to leave or the LL gives the tenant notice to quit.
It does looks as though your Agent is trying to make sure that you/your tenant will have to pay a renewal fee for a new Agreement at every 6 month expiry date but, as the Agents are working for you, you could always tell them you want that striking out and see what they say?0 -
My landlord and I dropped his greedy letting agent as they were charging both of us for renewals and I am now on a periodic AST.0
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