new tenancy

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  • new tenancy

    I am a new landlord and a few months ago, I set up new tenancies with various tenants, I now found taht the tenancies are terms of the tenancy are wrong, and I want to give the tenants new tenancies, am i able to do this, even though the fixed term, in original tenancy has not expired.

    Some of my tenants are in arrears, if I give them new tenancies, would I be able to still issue a s8 notice later, say a month later after new tenancy has been signed. I do not want to take them to court and have the case dismissed because the terms of tenancy are not valid,

    Any help would be much appreciated.

  • #2
    Can you give a bit more detail?
    What's wrong with the agreements already signed?
    How many weeks/months are the tenants in arrears?
    I offer no guarantee that anything I say is correct. wysiwyg

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    • #3
      Originally posted by dipab72 View Post
      if I give them new tenancies, would I be able to still issue a s8 notice later, say a month later after new tenancy has been signed.
      Hi

      I have seen tenancy agreements which include a requirement to pay a debt relating to a previous letting. I have also seen such conditions accepted as enforceable at county court level. However, a breach of this obligation would not allow you to use any of the rent arrears grounds; it would simply be a breach of tenancy and so possession on this ground would not be guaranteed.

      I agree with JTA, you need to give a bit more detail on what you are trying to achieve and why, if possible.

      Preston

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      • #4
        Just because you give a new ast signed it wont wipe out the debt it will carry over. If you do get them to sign a new one it will just invalidate the old one but it would be best to do it with the same monthly period as the old if there is a debt. Bare in mind that any new ast issued will restrick the serving of a s21 until it ends.

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        • #5
          sorry if I did not give enough information, the term of the orginal tenancy was a periodic tenancy, continuing on a month to month tenancy, until either party gives notice to terminate, there was no fixed term but rent was collected weekly. So i am not sure whether it would be regarded as a monthly tenancy or weekly tenancy. the tenancy started in April 2007, so the time required by law has passed.

          the tenancies also mentioned that a deposit would be taken, but no deposits were actullay taken, I therefore need to update the tenancy to take out this clause, and make the terms of tenancy for a fixed term.

          Most the tenants have one month rent arrears, and they pay their rent on and off. would it be wise to draft new tenancy

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          • #6
            If you are collecting the rent weekly, there is a requirement that the tenants have rent books.

            Are you just trying to regularise the situation? There should be nothing to stop you issuing a s21,1,b now, if they are still in the first six months of their tenancy. It cannot be effective before the end of the six month term though. If you give them all new contracts you are really allowing them another minimum term of tenure at least. I'm not sure of this, but I do not see how you can issue a s8 based on the previous tenancy. That said, there should be nothing to stop you making an online claim for it.

            As Preston said, you could make it a term of the new tenancy that they pay their previous debts.

            Don't forget the deposits have to be protected in order to issue a S21.
            I offer no guarantee that anything I say is correct. wysiwyg

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            • #7
              The rental period will be how it is indicated on the tenancy agreement and is known as the reserved rent. If it's weekly then you should give every tenant a rent book even if they pay monthly.
              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.

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              • #8
                Originally posted by johnboy View Post
                Just because you give a new ast signed it wont wipe out the debt it will carry over. If you do get them to sign a new one it will just invalidate the old one but it would be best to do it with the same monthly period as the old if there is a debt. Bare in mind that any new ast issued will restrick the serving of a s21 until it ends.
                Hi

                I think I might be getting a bit confused, but if you are suggesting that any arrears on the old tenancy will count as arrears on the new tenancy, then this is not correct. It is a new agreement with new obligations and any arrears become "former tenant" arrears; you can still sue for them and (as I mentioned earlier) you can make it a condition of the new agreement that they are paid, but they will not count as rent arrears on the new letting.

                If I were the OP, I would not be issuing new agreements until all arrears have been brought fully up to date.

                Preston

                Comment


                • #9
                  Originally posted by dipab72 View Post
                  the term of the orginal tenancy was a periodic tenancy, continuing on a month to month tenancy, until either party gives notice to terminate, there was no fixed term but rent was collected weekly.
                  You have created a periodic tenancy from day1. You cannot unilaterally cancel it. If it's not what you wanted, whyever did you grant 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).

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                  • #10
                    Originally posted by Preston View Post
                    Hi

                    I think I might be getting a bit confused, but if you are suggesting that any arrears on the old tenancy will count as arrears on the new tenancy, then this is not correct. It is a new agreement with new obligations and any arrears become "former tenant" arrears; you can still sue for them and (as I mentioned earlier) you can make it a condition of the new agreement that they are paid, but they will not count as rent arrears on the new letting.

                    If I were the OP, I would not be issuing new agreements until all arrears have been brought fully up to date.

                    Preston
                    So if a tenant had only paid 5 months of a 6 month tenancy with the promise to catch up and the tenancy was then renewed but didnt then pay the first month of the new tenancy agreement are you saying without doubt a s8 g8 could not be used because it is split over 2 tenancy agreements but the same tenant and same property?

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                    • #11
                      Originally posted by jeffrey View Post
                      You have created a periodic tenancy from day1. You cannot unilaterally cancel it. If it's not what you wanted, whyever did you grant it?
                      I was not aware of how the terms should be. I thought it was posible to create tenancies such as these. could someone confirm whether these tenancies would be valid. I dont mind them being periodic, but I don't want to go to court in future andhave the case be dismissed, because terms of tenancy invalid. the tenancies started in April 2006, so the legal time of 6 months has passed.

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                      • #12
                        You did create the tenancy; it is valid; and you are bound by 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

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