Tenants haven't signed new TA - should I be concerned

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    Tenants haven't signed new TA - should I be concerned

    Ts moved into property on 5 July 2009 under an agreement that expired on 4 July 2010. Around late April 2010, in discussing various things, the question of whether Ts wanted to renew came up. There were disagreements as to what the rental price should be so around 26 May 2010 I issued a section 21 notice to expire 26 July 2010. Terms were finally agreed and around 24 June and I sent them a draft TA for their review and signing. Around 9 July I got a message saying there was an error in the new draft and could I amend and return. I did that on 12 July 2010. The new TA has still not been signed and returned and T tells me they will be away on holiday from 21 July until 14 August 2010. In the meantime rent was paid on 5 July 2010 at the new rate.

    Am I right in thinking that, until they sign a new TA they can give 1 months notice to leave? Is the Section 21 Notice I issued still effective (even though they paid rent in July)? They are OK tenants so I don't have any reason to think there is anything untoward going on, but just want to be clear about my position (and a little bored that this has taken nearly 3 months to sort out).

    Thanks

    #2
    It's a bit of a grey area.
    I would be happy that the rent has been paid at the higher rate.
    Allow tenants to protect their own deposits. I want free money when they do it wrong

    Comment


      #3
      yes - although the higher rate still represents a (possibly quite substantial) discount on current market rates so its only worth it if they are tied into an agreement for 6 months, not so much so if they decide to leave in November, leaving me with a void over christmas.

      Comment


        #4
        Another question, same tenant. Bathroom floor tiles have been cracking. In April they said that, since they have small children, they are worried that it is becoming a danger. However, they have been uncooperative in allowing me to fix it. I gave them the contact details for a tiler, but they didn't contact him for weeks and his messages were left unresponded to. When a time was finally agreed to assess the damage, they were not at home when the tiler called round (having decided to go out knowing he was scheduled to be there within the hour).

        The tiler was finally able to see the problem a couple of weeks ago and he advised me he would be able to do the job before the end of the month. I told them this and they said fine but mentioned that they would be away from 21 July to 14 August. They said that if the work needed to be done during that time, they would arrange for a family member to be present. I have asked them for the details of the family member by email, text message and, the day before they left for holiday, on the phone. No details have been provided.

        The tiler has confirmed that he is available to do the work whilst they are away. I am concerned that if he does not do it whilst they are away, there will be another 3 months of faffing before it gets done (he will get other jobs and they will continue to procrastinate. Do you think that, based on their argument of the potential danger involved, I would be within my rights to give him access to the property to do the work whilst they are away?

        Comment


          #5
          Leave the tiling until they get back.
          If it's not important to them, then they can wait.
          Allow tenants to protect their own deposits. I want free money when they do it wrong

          Comment


            #6
            I think as far as your situation is concerned you have entered into a monthly periodic tenancy at a new rent but on the same terms as before. Unless there was provision for a rent increase/review (within the AST) after the end of the fixed term then you should have served a S.13 Notice to effect this. I might be wrong but I think that you might find that even though the tenants have agreed to the increase they could reclaim the excess amount if there was a problem.
            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


              #7
              I would like to know if a court has returned money to a T, even thought the T has agreed in writing, and the LL didn't serve a S13. I am not talking about AST rent increase clauses via S13.

              Has anybody heard of any case?
              Disclaimer: What I say is either right or wrong. It may be advisable to check what I say with a solicitor. If he says I am right then I am right, unless he is wrong in which case I am wrong; but if he says I am wrong then I am wrong, unless he is wrong in which case I am right

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