Renewal of AST

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Renewal of AST

    My tenants signed an AST for 12 months that ended last week. They had requested a further 12 month AST and a draft contract was sent to them by email last month which they were happy with. A hard copy was sent to them for signature but has not been returned.

    Are they now subject a periodic tenancy or to the new AST which they have agreed to but not signed?

  • #2
    As you have no evidence that T agrees to the new AST, whether signed (but unreturned) or unsigned, the SPT has arisen.
    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
      I have an email stating that they are happy with the terms of the new AST. Is this evidence?

      Comment


      • #4
        It might be, yes. Is the rent unchanged or increased?
        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
          The rent is unchanged. The original AST (using ARLA template) was drawn up by my letting agents and only named one of the two tenants. The new AST (from RLA) names both tenants.

          Comment


          • #6
            Aha- so it cannot be an SPT, because AST2 has different definition of 'tenant' from AST1.
            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


            • #7
              I would have been happy for SPT with only tenant#1 but they wanted another AST with both tenant#1 & #2.

              So am I right in thinking that by verbally accepting the new AST and confirming that they are happy with the terms of this contract by email that I do not need to have a signed contract in my possession? The contract in their possession was signed by me.

              Comment


              • #8
                If a deposit was paid on AST #1, it needs to be returned, and a new deposit for AST #2 collected if required.

                Comment


                • #9
                  Originally posted by driver View Post
                  I would have been happy for SPT with only tenant#1 but they wanted another AST with both tenant#1 & #2.

                  So am I right in thinking that by verbally accepting the new AST and confirming that they are happy with the terms of this contract by email that I do not need to have a signed contract in my possession? The contract in their possession was signed by me.
                  AST2 is:
                  a. dissociated from AST1;
                  b. is oral only; and
                  c. needs deposit re-protection (see post #8).
                  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

                  Latest Activity

                  Collapse

                  • Referencing question
                    kangoo1
                    A couple wants to rent from me, she is on maternity leave and will not be returning to her previous employment, he is permanently employed and moving due to a job transfer. I have referenced him for the full rent and his guarantor has been successfully referenced.
                    I am going to prepare the ast...
                    22-07-2017, 17:19 PM
                  • Claiming for protected deposit
                    mandm
                    This is an interesting one, got me into a spin.
                    Tenants signed AST but decided to leave after 6 months and 3 days (problem with moving) using the break clause in the AST. I protected the deposit using DPS (Insured) and returned the deposit minus deductions when the moved out.
                    I served the...
                    21-07-2017, 08:00 AM
                  • Reply to Claiming for protected deposit
                    JK0
                    I'll leave it at that. I'm not going to get into one of JPK's interminable arguments.
                    22-07-2017, 16:28 PM
                  • Discussion - GDPR and implications on landlords
                    MrShed
                    I've just posted something on GDPR and then wondered whether it had been discussed on here before - a quick search implies its never been mentioned.

                    I thought I would raise a topic to discuss it and the implications on landlords.In effect this is a replacement of the Data Protection Act...
                    20-07-2017, 15:01 PM
                  • Reply to Discussion - GDPR and implications on landlords
                    jpkeates
                    That's simply one of the Schedule 2 exemptions which, if met, allows a process using personal data at all - all the other principles still apply in parallel (where it can be stored, be not excessive, kept up to date etc).

                    So, while it might be OK because it relates to a contract, there...
                    22-07-2017, 15:22 PM
                  • Excessive estate agent fees
                    Cml241
                    I have a property which I started renting out via an agency. When the contract started, they found new tenants, did the relevant checks etc and charged an upfront fee which equates to approx one month's rent. As one year has almost passed, the agent has approached me asking if I want them to 'renegotiate'...
                    21-07-2017, 16:26 PM
                  • Reply to Excessive estate agent fees
                    mariner
                    A new 12 month fixed term does provide LL & T with extra security but can lead to complications for either if their resp circumstances/legislation change during the new AST.
                    Personally, I would prefer if a orig AST was for a fixed 6 month term, followed by an SPT that required both LL &...
                    22-07-2017, 14:09 PM
                  • Reply to Discussion - GDPR and implications on landlords
                    jjlandlord
                    In this case there should be no problem because:...
                    22-07-2017, 12:30 PM
                  • Reply to Excessive estate agent fees
                    jpkeates
                    I'm not sure they're "lying", they're just making some assumptions.

                    The agent can't decide if something is "too" risky or not - there are upsides and downsides to having a new fixed term agreement, and they're right to point out, for example, that the income would be...
                    22-07-2017, 12:28 PM
                  • Reply to Discussion - GDPR and implications on landlords
                    jpkeates
                    Unless the tenant has given consent for the data to be used in this way, probably.

                    There's a grey area with this kind of data, because it's obviously been obtained for a purpose (which is to facilitate the renting of a property) and that's what it's being used for.
                    There's usually...
                    22-07-2017, 12:23 PM
                  Working...
                  X