What to do, end of an AST?

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    What to do, end of an AST?

    I rented a flat out to two tenants on a six month AST lease. That is due to run out on the 30th of October 2010.

    I have had some noises complaints from the neighbour and obviously I am very keen to ensure my tenants do not impact upon their quality of living and enjoyment of their property.

    If I chose to extend the lease, should I simply write/offer the tenants a new six month AST to sign if they wish to stay? Could I simply offer nothing and continue past the expiry date with no new contact and what then would be the implications or potential problems for me if I did it without a new contract?

    Also, if I decide I don't want to ofer the tenants a new contract, can I simply advise them of this one month before the expiry date?

    Any assistance would be appreciated.

    Thank you.

    #2
    What you can do is issue a S21(1)(b) now giving them two months notice that you require the property back. if issued tomorrow those two months would run out by 23rd November.

    If you leave it until after the expiry date of the contract the notice would have to be a S21(4)(a) which would need to be for two months ending on a monthly period end.

    You do not have to act on it but if there is any more trouble you can then start possession proceedings immediately without serving further notice.

    If you gave them a new fixed term that would cancel the S21, so don't.

    By the way, if you decide to do that do not say that you will not act on it 'if they are good' just serve the bare S21.
    Last edited by jta; 22-09-2010, 14:09 PM. Reason: by the way...
    I offer no guarantee that anything I say is correct. wysiwyg

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      #3
      Originally posted by jta View Post
      What you can do is issue a S21(1)(b) now giving them two months notice that you require the property back. if issued tomorrow those two months would run out by 23rd November.

      If you leave it until after the expiry date of the contract the notice would have to be a S21(4)(a) which would need to be for two months ending on a monthly period end.

      You do not have to act on it but if there is any more trouble you can then start possession proceedings immediately without serving further notice.

      If you gave them a new fixed term that would cancel the S21, so don't.

      By the way, if you decide to do that do not say that you will not act on it 'if they are good' just serve the bare S21.
      Thank you for taking the time to respond.

      What about the questions I raised as regards considering allowing them to stay new contract etc?

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        #4
        If I chose to extend the lease, should I simply write/offer the tenants a new six month AST to sign if they wish to stay? Could I simply offer nothing and continue past the expiry date with no new contact and what then would be the implications or potential problems for me if I did it without a new contract?
        When the contract runs out the tenancy becomes a statutory periodic tenancy, with exactly the same terms except the notice periods are governed by statute, one month from the tenant and two months from you. There should be no problems for you, it is perfectly normal. Effectively the tenancy literally runs one month at a time and is renewed every time the tenant pays the rent. (It's a lot more complicated than that but you don't need any more info on that at the moment.)

        If you give them a new AST then you are locking yourself into a fixed period before you can take possession proceedings. A new AST would also cancel any previous notices you have given them.
        I offer no guarantee that anything I say is correct. wysiwyg

        Comment


          #5
          Originally posted by jta View Post
          When the contract runs out the tenancy becomes a statutory periodic tenancy, with exactly the same terms except the notice periods are governed by statute, one month from the tenant and two months from you. There should be no problems for you, it is perfectly normal. Effectively the tenancy literally runs one month at a time and is renewed every time the tenant pays the rent. (It's a lot more complicated than that but you don't need any more info on that at the moment.)

          If you give them a new AST then you are locking yourself into a fixed period before you can take possession proceedings. A new AST would also cancel any previous notices you have given them.

          Thank you very much for your time and expertise.

          Cheers!

          Comment

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