Renewing AST?

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    Renewing AST?

    I am on the point of getting a new AST signed, however the tenant has been stalling and cancelling appoinments for a few weeks. I have filled in most of the tenancy agreement document in preparation for this - it is due to start 23rd September for 6 months - however it is unlikely that the agreement will now be signed until after the 27th September.

    This will mean the the tenancy will already have started at the point of signing? Does this matter, or should I begin obtaining and filling in new documents?

    Thank you in anticipation of any advice.

    #2
    Originally posted by Dalmeny View Post
    I am on the point of getting a new AST signed, however the tenant has been stalling and cancelling appoinments for a few weeks. I have filled in most of the tenancy agreement document in preparation for this - it is due to start 23rd September for 6 months - however it is unlikely that the agreement will now be signed until after the 27th September.

    This will mean the the tenancy will already have started at the point of signing? Does this matter, or should I begin obtaining and filling in new documents?

    Thank you in anticipation of any advice.
    When you say 'a new AST', do you mean a new tenant, or the same tenant as before starting a new agreement?

    If the latter (as I assume it is, from the title of your thread|), the tenancy will become periodic (rolling) anyway, won't it?

    Does he have a good reason for delaying signing? Might he want out?
    'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

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      #3
      It doesn't matter much as your tenant has a statutory periodic tenancy which commenced as soon as his AST expired. You can do nothing and leave this in place if you like. Its only differences are that (i) you can alter the rent under section 13, (ii) Your tenant can leave provided he gives you one month's notice and (iii) you can give your tenant two months notice ending on a rent day if you want him to leave.
      If you still want him to sign a new AST, this is your right but maybe it should start on the date of signature. If he refuses then you must give him two months notice as above. This of course presupposes that you have not at some time already served a section 21 notice on your tenant during the currency of his AST.

      P.P.
      Any information given in this post is based on my personal experience as a landlord, what I have learned from this and other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person.

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        #4
        Thanks Mind The Gap

        It is the same tenant. He has expressed his wish for a new fixed period agreement, for a bit of security I suppose. I have no problem at present granting it - it is just proving a problem getting the documents signed before the intended start date of the new agreement.

        Thanks

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          #5
          Originally posted by Dalmeny View Post
          Thanks Mind The Gap

          It is the same tenant. He has expressed his wish for a new fixed period agreement, for a bit of security I suppose. I have no problem at present granting it - it is just proving a problem getting the documents signed before the intended start date of the new agreement.

          Thanks
          So it's less of a problem- even without the new documentation, T has a tenancy in place.
          JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
          1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
          2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
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            #6
            Originally posted by Dalmeny View Post
            Thanks Mind The Gap

            It is the same tenant. He has expressed his wish for a new fixed period agreement, for a bit of security I suppose. I have no problem at present granting it - it is just proving a problem getting the documents signed before the intended start date of the new agreement.

            Thanks
            In that case P.Pilcher has answered your query (above!)
            'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

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