T served NtQ (break clause) but now wants new AST

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    T served NtQ (break clause) but now wants new AST

    Hi All,

    I'm a new landlord and have been reading various posts and landlord information websites about ASTs and terms and conditions but have not been able to find anything that could help my current situation so thought I would try and post here for advice.

    I've currently got a 12 month AST with my tenants, with the clause allowing them to provide NtQ after 6 months (giving 2 months notice). My tenants decided to enact this clause but they have recently changed their minds (the NtQ is still in place at the moment so they're still moving out at the moment)

    The problem is that my tenants are asking for changes to the current tenancy in the form of a shorter NtQ period (1 month) and lower rent amount (owing to the conditions of the rental market), with the possibility of having this for a fixed term of 1 year.

    As I've got an existing 12 month AST (with 6 months still left to run) with the tenants setup through the LA (who had also taken a commission based on the 12 month tenancy) I was wondering what I should do.

    Any advice will be much appreciated.

    #2
    So T has already served NtQ. That will end the existing AST.
    T has no right to demand a new one. It's entirely up to you whether you want to negotiate and on what new terms.
    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.
    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
    4. *- Contact info: click on my name (blue-highlight link).

    Comment


      #3
      Ok, seeing as my LA originally took a commission off the existing 12 month AST, would it be better to go through the LA and set up a new AST?

      Also, I'm guessing that if I did go through the LA again, the LA would charge an admin fee, but would they take another commission again? In their T&Cs they specify that they take a commission on the anniversary of the tenancy - how would this work if we put a new 12 month AST in place?

      Comment


        #4
        Originally posted by dodgster02 View Post
        Ok, seeing as my LA originally took a commission off the existing 12 month AST, would it be better to go through the LA and set up a new AST?

        Also, I'm guessing that if I did go through the LA again, the LA would charge an admin fee, but would they take another commission again? In their T&Cs they specify that they take a commission on the anniversary of the tenancy - how would this work if we put a new 12 month AST in place?
        But it's not an anniversary, is it?
        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.
        3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
        4. *- Contact info: click on my name (blue-highlight link).

        Comment


          #5
          Originally posted by jeffrey View Post
          But it's not an anniversary, is it?
          I guess it isn't an anniversary if I setup a new AST to start from e.g. today, it does make it somewhat confusing as I'm not sure whether my LA would demand a commission 6 months from today (for anniversary of existing tenancy) or 12 months from setup of new AST.

          Would you know if it's better to still go through LA to setup a new AST or try and do it myself?

          I'm also guessing (correct me if I'm wrong) that no new TDP / inventory (both held by LA) would be needed if I setup a completely new AST as T are not actually moving out.

          Comment

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