Exchange of emails sufficient for periodic tenancy when change of agent is involved?

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    Exchange of emails sufficient for periodic tenancy when change of agent is involved?

    The 12 month AST with my tenants is due to expire shortly and I anticipate that, due to coronavirus , they will want the tenancy to roll over into a statutory periodic tenancy. I have been managing the property myself (having taken over from a previous agent who terminated their management contract) and the deposit is in my name with TDS Custodial. i want to appoint a new agent to manage the property/look after the deposit etc as soon as the tenancy becomes periodic. Payment of rent was previously made 12 months in advance, through the old agent.
    Without entering into a new formal agreement, can I achieve this just by exchanging emails with the tenants confirming the appointment of a new agent, the new arrangements for payment of rent (amount per month, date due each month and payment through the new agent) and the transfer of the deposit to the new agent, all other obligations and general clauses of the existing AST still being in place?

    #2
    Whose contact details are provided 'for sevice of Notices' (eg repairs)?

    Comment


      #3
      Mariner - The Landlrd’s contact details are provided in the TA for such details.

      Comment


        #4
        You may not be able to move the deposit as it is the occupancy under the terms of the original tenancy agreement which is simply extended, indefinitely, by neither party acting in such a way to bring it to an end; but that's ok as you remain the landlord.

        Comment


          #5
          Flyingfreehold - I already have moved the deposit form My Deposits/Agent A to TDS/myself. As I understand it, the Landlord (or his Agent) is free to move the deposit between the 3 approved schemes/named Landlord or Agent at any point during a tenancy. The approval of the tenant is not even required.

          Comment


            #6
            Might be worth checking that. When I bought a house with existing tenants the well known hight Street agent wouldn't move the deposit without the tenant's agreement. Does it matter much if it isn't moved? It's only relevant when they move out.

            Comment


              #7
              I believe youre right about not needing the tenants permission to transfer the deposit between schemes. Have you managed to find an Agent who will take on the tenancy as it is though? I would have thought that most would want to put their stamp on it with at least a new tenancy agreement. That tends to be the way they make their money these days.

              Comment


                #8
                Thanks for your comments.
                royw - Regarding moving of deposits, all 3 schemes have confirmed to me that the tenants' approval is not required to transfer the deposit between schemes.
                DPT57 - you're right that the new agent is keen to prepare a new 'replacement tenancy' agreement. I am resisting this, as it appears to go against the requirements for a periodic tenancy, where the rights and obligations remain unchanged, but changes - e.g. to payment (amount per month, frequency and to whom paid), name of agent and transfer of deposit - are all covered in an exchange of emails with the tenants.

                Comment


                  #9
                  You may find that the new agent will not accept any liability for inherited terms and may also limit their actions to informing you of issues rather than dealing with them themselves. You should drill down into the detail of whats being offered before signing up in my view.

                  Comment


                    #10
                    Yoo will still new have to provide T with new PI.

                    Comment

                    Latest Activity

                    Collapse

                    Working...
                    X