Renewing A Tenancy

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    Renewing A Tenancy

    The tenant wants to renew the tenancy for a further fixed term of 3 years (with a break-clause). The current tenancy agreement has some special terms (e.g. the T can remove certain items of furniture but will have to replace them with like-for-like furniture at the end of the tenancy).

    As the new tenancy will shortly end and we will sign a new tenancy agreement then I am wondering how I can ensure the T will still be legally obliged to replace the furniture that has been removed. If the new tenancy says any removed furniture has to be replaced then no furniture is going to be removed because it will have already been removed in the old, expired agreement.

    How do I renew the tenancy to include the same conditions of the initially agreed tenancy agreement?

    Also, do I need to act on the current inventory and get a new one done? I am pretty sure this is not necessary but if not then how do I ensure it stays valid through the new tenancy?

    #2
    Do nothing, let it continue as periodic:

    More incentive for tenant to comply with contract...

    More speed & flexibility to evict if problems....

    MUCH less paperwork & expense.....

    Others may hold alternative views....

    PS: What benefits did you expect to get, as landlord, from a new tenancy agreement? 3 years? Stone me....
    I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

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      #3
      Why do you want to offer 3 years. You know thats bound to only favour the tenant dont you?

      Comment


        #4
        The property has proven difficult to rent in quieter months but has always rented quickly during the busier summer months. By being on a fixed term it gives me security that it will not become empty during the slower months.

        The tenants have already been in the property for a year and have been very good tenants and have highly-paid, professional jobs. They have a toddler who will become of school age next year and there is a very good, over-subscribed school nearby and the property is in the catchment area. That’s why the tenants want the security of a longer tenancy.

        With mutual break clauses after 12 and 24 months then potentially the tenancy is effectively only a year long anyway.

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          #5
          Go periodic. End of..
          I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

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            #6
            Thats a false sense of security imo. Tenants ask all the time to be released from fixed terms.

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              #7
              James Brokenshire, the Housing Secretary, has stated he wants to bring in minimum 3 year tenancies so we may all have to have them soon.

              With the end of S21s on the horizon it’s not clear how you would evict a tenant on a periodic tenancy

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                #8
                Little point in a 3 year tenancy if there's no s21

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                  #9
                  Lots can go wrong/change in 3 years. Never tie yourself up for tenant advantage. Go periodic, if not I'll bet you'll be back on here needing more advice on how to activate a possibly dodgy break clause.



                  Freedom at the point of zero............

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                    #10
                    If there is an agent involved, then agent will probably want 3-years' commission up front.

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                      #11
                      I negotiated a fixed fee with the agent so all they got was the first year’s commission.

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                        #12
                        I have agreed a rent increase with the tenant via email. If I let the tenancy go periodic then how do I make the new rental amount formal as the tenancy agreement obviously only shows the original rental amount?

                        Comment


                          #13
                          Provided the tenant starts paying the agreed rent, the emails are formal enough.
                          When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                          Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                          Comment


                            #14
                            Otherwise serve a s13 notice of rent increase.

                            Comment

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