Tenancy Advice

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    My current AST with my tenants are due to expire at the end of March 10. They have just adviced that they are planning to emigrate at some point within the next 2 to 12 months.

    They would like to continue residency in the property until they emigrate. I am happy for them to do so as they have being great tenants during the last 24 months. However I am unsure how to make this happen whilst protecting my interest and staying within the law.

    I have previously used a standard AST and protected the deposit with TDS.
    Please help how should I proceed?

    1.Renewing the tenancy agreement? Whilst allowing for them to give me 6 weeks notice prior to moving.
    2. Increasing the rent?
    3. Protecting the deposit?
    4. Issuing a Section 21

    Thanks for your help.

  • #2
    Originally posted by accelondon View Post
    My current AST with my tenants are due to expire at the end of March 10. They have just adviced that they are planning to emigrate at some point within the next 2 to 12 months.

    They would like to continue residency in the property until they emigrate. I am happy for them to do so as they have being great tenants during the last 24 months. However I am unsure how to make this happen whilst protecting my interest and staying within the law.

    I have previously used a standard AST and protected the deposit with TDS.
    Please help how should I proceed?

    1.Renewing the tenancy agreement? Whilst allowing for them to give me 6 weeks notice prior to moving.
    2. Increasing the rent?
    3. Protecting the deposit?
    4. Issuing a Section 21

    Thanks for your help.
    The simplest solution is to allow the tenancy to become periodic and leave the deposit where it is (presumably in a protection scheme?)

    I do not think you can legally insist on 6 weeks notice from them, (the statutory minimum for ASts is one month, assuming rent payable monthly), but if they are emigrating, they will probably be able to give you more than the minimum anyway..and if you ahve a good relationship with them they will probably be willing to.

    Not sure about increasing the rent.

    Why would you need to serve a s21 if it is they who will be giving you notice?
    '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
      The S21 was incase another 6 month AST was to be issued. Thanks for your help

      Comment


      • #4
        I agree with MTG. When the AST fixed term expires on 10th March, do nothing and a statutory periodic tenancy will arise. You do not have to re-protect the deposit as it is seen as a 'continuation' of the fixed term contract for the purposes of deposit protection.

        The terms of the periodic tenancy remain the same as the original fixed term contract except for those relating to notice. In a periodic tenancy, where rent is paid monthly, T must give LL at least 1 month, LL must give T at least 2 months (in the form of a s.21 notice). The notice must also end at the end of a rental period, in this case the periods would run 11th - 10th of the month, so your s.21(4)(a) notice would have to seek possession after the 10th of the relevant month.

        See
        http://www.letlink.co.uk/letting-fac...d-tenancy.html

        If you instead issue a brand new fixed term contract, you will have to re-protect the deposit and re-provide the prescribed information. Note that, until this is done, any s.21 notice is not valid.

        Comment


        • #5
          To increase rent, use the s.13 procedure (unless the existing AST contains an increase mechanism).
          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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