AST ends, SPT to start - what paperwork is needed?

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    AST ends, SPT to start - what paperwork is needed?

    Hi. I have a AST ending soon. The easiest option is to let it run into a monthly SPT. However, I am not clear on what paperwork needs to be issued in this case. The tenant has a guarantor, and deposit is protected. Some articles Ive read suggested that an SPT is a 'new' contract in its own right, thus requires the reissue, or signing, of certain docs. There is so much these days required to stay 100% on the law, I need some help! Can I just ask the tenant if they are happy to stay, and leave it at that, if they say yes, or will I need to reissue some paperwork? (and include the guarantor). Many thanks for your help.

    #2
    You need to supply the How to rent guide (get them to sign something that they received it), as far as an agreement is concerned there is nothing as the existing automatically is the rolling contract month by month.

    Comment


      #3
      There are 3 things to consider:

      - How to Rent has changed recently so as Ash72 says, you will need to re-serve this on the tenant.
      - If you have a tenant deposit in an insured scheme, you may need to check whether the insurance/status needs updating
      - As an SPT is a new tenancy, you will need an immediate EICR inspection if you haven't already had one since Jan 2019

      Comment


        #4
        You do not need to do anything regarding deposit if when the SPT start, you deposit remains protected under the same scheme you last gave the prescribed information about. Else, you would have to give the PI again. Whether the deposit remains protected will depend on the scheme you went with, and possibly whether you have informed the scheme the tenancy is going to go SPT.

        As there's no exception given for SPT, the new electrical safety requirement will also kick in when the SPT start, and not 1 April for existing tenancy. That mean you need to have had the EICR test and report is done before the SPT start.
        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


          #5
          Originally posted by DPT57 View Post
          you will need an immediate EICR inspection if you haven't already had one since Jan 2019
          I'm interested, why that date?
          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
            I think its when the 18th edition wiring regulations became law. (I may have the wrong month).

            Comment


              #7
              Ah right, thanks.
              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


                #8
                Many thanks for your replies. Good point about the EICR! A big concern was the status of the guarantor. If on a SPT, the original guarantor contract would still be valid. If I start a new AST, presumably I would need a new guarantor agreement too? Thanks

                Comment


                  #9
                  That really depends on what the wording on the gurantee says....
                  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

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