6 month Assured Shorthold Tenancy Agreement

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    6 month Assured Shorthold Tenancy Agreement

    I have 2 tenants in property and via letting agent we signed 6 month Tenancy Agreement. In TA it states if same tenants wish to stay more months, a new Tenancy Agreement would have to be signed. Would it be legally acceptable to just continue with original TA on a "roll on" basis, or would the latter give the tenants more rights, or would it be more difficult to evict them in this case if a situation should arise?

    #2
    Is this a house share? If it says in your TA that they have to sign a new TA then that's what you've agreed to. This would give them more rights. With the next agreement make sure you delete that condition. You'll have to start again as if it's a new tenancy - deposit protection, right to rent, inventory, EPC etc. Let's hope they keep their rent up to date and look after the place.

    Comment


      #3
      It would be "legally acceptable" to continue without signing a new tenancy agreement.

      However, you'd all be in breach of the contract (which isn't a problem if you all agree that that's what you want).
      Being in breach of a contract term is only a problem if one of the parties wishes to enforce it.

      If you want to make it formal, just agree in writing (email will do, but a single sheet of paper signed by the three of you is ideal) something along the lines of "We agree that we do not wish to create a new tenancy agreement after six months and therefore clause x.x in our tenancy agreement will not apply".

      When there's no new tenancy agreement and the tenants remain in place after the six months, a new periodic tenancy is automatically created by the Housing Act (1988).

      The new agreement clause is common when the letting agent provides the agreement because it used to allow them to charge the tenant fees for a renewal.
      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


        #4
        You might want to check your agreement with the agent, as they may have terms relating to renewal which are agreed with you as the landlord.
        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


          #5
          I highly doubt that term is fair and enforceable.
          I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

          I do not answer questions through private messages which should be posted publicly on the forum.

          Comment


            #6
            Please set out word for word the relevant clause.

            Comment

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