AST renewal document

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    AST renewal document

    Hi there guys
    Anyone know where I can find a template for an assured shorthold tenancy renewal agreement (based on the T&C of the original contract) but adding in a 2 months break clause?

    Many thanks,
    Francis

    #2
    Any ideas? Have been searching everywhere, but can only find full AST agreements..

    Comment


      #3
      Originally posted by packeted View Post
      Hi there guys
      Anyone know where I can find a template for an assured shorthold tenancy renewal agreement (based on the T&C of the original contract) but adding in a 2 months break clause?

      Many thanks,
      Francis
      Th reason you cannot find one is that what you describe is effectively an standard AST allowed to go periodic.

      Such a tenancy would be based on the T &C of the original fixed term contract, but would allow LL to give 2 months' and T, one month's notice.

      Or by 'a 2 month break clause', do you have something different in mind?
      FIxed term ASTs can contain break clauses, but these are operable only after six months have elapsed.

      If I have misunderstood, please draft your additional clause and run it past your legal advisor - or even post it on this forum and someone legally qaulified may tell you whether it will work or not.
      '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

      Comment


        #4
        In past years I have used Foxton's renewal contract which is a simple one paragraph document that agrees to renew the contract on the same T&Cs as the original AST for £x per week for a one year period.

        This time I want the same but for 6 months with an additional clause whereby the tenants can "get out" by giving 2 months notice which is what they have asked for should they lose their jobs.

        Comment


          #5
          Originally posted by packeted View Post
          In past years I have used Foxton's renewal contract which is a simple one paragraph document that agrees to renew the contract on the same T&Cs as the original AST for £x per week for a one year period.

          This time I want the same but for 6 months with an additional clause whereby the tenants can "get out" by giving 2 months notice which is what they have asked for should they lose their jobs.
          That's unusual, as most LLs would either insist on T staying for full 6 months (and grant a new AST to that effect) , or allow current ASt to go periodic as explained earlier.

          What you are suggesting sounds on the face of it to be contrary to the rules governing ASTs in that normally a break clause is only operable by the LL or tenant after 6 months of the fixed term have elapsed. However you are seeking something which actually gives your tenants more flexibility (to terminate) than this, so I cannot imagine it can be objected to. The sticking point would be (I imagine) if you proposed to have the break clause operable by the LL as well. Did you?

          In your posiiton I would just allow the tenancy to become periodic since if your Ts are made redundant they will be unlikely to get two months' notice of that, and may not be able to afford to stay more than one month anyway.

          Hope that makes sense.
          '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

          Comment


            #6
            If you want to add/change the original terms of the last ast signed that has now gone periodic I think what you need is called a section 5 notice.

            Comment


              #7
              And if your tenants pay weekly (you refer to the weekly rent), I think their notice period is four weeks, not one calendar month...from memory. Might be wrong!

              Does anyone know whether it's legally possible to alter the terms of a fixed term AST in the way OP suggests?
              '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

              Comment


                #8
                1. I wouldn't trust the wording or anything Foxtons produces because of the pending OFT action.
                2. I would always draw up a new AST if you want to effectively change any terms as it's much clearer, especially concerning a break clause.
                3. Agents who can't be bothered to do this are generally lazy, and are more interested in making money for the least effort.
                The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

                Comment


                  #9
                  Originally posted by Paul_f View Post
                  1. I wouldn't trust the wording or anything Foxtons produces because of the pending OFT action.
                  2. I would always draw up a new AST if you want to effectively change any terms as it's much clearer, especially concerning a break clause.
                  3. Agents who can't be bothered to do this are generally lazy, and are more interested in making money for the least effort.
                  These opinions and comments may, I think be of some use, although they do not address the question of whether it is legally allowable to create a new tenancy agreement with a 2 month break clause operable at any point by T or LL , either as a whole new AST (I don't think it is viable) or as a bolt-on clause to an existing one.

                  It is surely the principle of the two-way, 2 month break clause OP wants to include which is the issue, not whether agents like Foxtons are lazy or not to be trusted!
                  '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

                  Comment


                    #10
                    I know, but it's okay to make a comment without permission, even though it isn't an answer. Six of the best in the Headmaster's Room Monday 9.00 a.m. sharp!
                    The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

                    Comment


                      #11
                      Originally posted by Paul_f View Post
                      I know, but it's okay to make a comment without permission, even though it isn't an answer. Six of the best in the Headmaster's Room Monday 9.00 a.m. sharp!
                      I couldn't agree more. However, if your comments were not intended to be an erudite answer to the main question, then your use of Jeffrey-style numbered thoughts, the lack of pragmatic mitigators such as 'This is a little off the main point, but...' and the fact that you are the Topic Expert on Lettings, rather than just a random contributor like the rest of us, probably gave the wrong message!

                      Incidentally, I'm not sure LLZ wants to read about your punishment-based fantasies on a Sunday lunchtime, Paul!

                      Or was that a Walter Mitty moment?
                      '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

                      Comment

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