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Chrystal
15-01-2009, 22:44 PM
I have a tenant, the rent is higher than an AST. His office wished to
exercise his option to renew and emailed me to say that the new agreement
had been signed and faxed to the letting agent. This in November. I was then
away for a month and at the beginning of this year chased the agent who
revealed they had not received anything. They contacted the tenant who said
that was opportune as circumstances had changed and they no longer wished to
renew and would be leaving at the "end" of the tenancy on 5.2.09 thus giving
me little notice. The agreement requires 2 months notice to end the term early.
My questions are:
1. I have been told and researched on the internet that since I received
written [email under the terms of the agreement being accepted as written]
agreement to renew, this suffices without the need for a signed renewal. Is
this correct?
2. If I did not have evidence of their renewal, would they need to give any
notice before leaving at the end of the initial term even if there is an
option to renew in the agreement? I have been given differing advice about
this, one camp saying that no matter what is written into the agreement if
the tenant leaves on the last day no notice has to be given [although one
day longer and it becomes a periodic tenancy], the other that it depends on
the wording. If the latter what clause should be used to ensure notice is
always required before leaving?

Preston
15-01-2009, 23:29 PM
I have a tenant, the rent is higher than an AST.

Hi, you might need to give a little more information to get the best advice, such as does what you have said mean that the rent is too high for it to be an AST? If so, have you issued an ordinary contractual tenancy? Was/is there a fixed period and when does this end? How frequently is the rent due. What does the agreement say about the option to renew?

Preston

jeffrey
16-01-2009, 09:09 AM
Hi, you might need to give a little more information to get the best advice, such as does what you have said mean that the rent is too high for it to be an AST? If so, have you issued an ordinary contractual tenancy? Was/is there a fixed period and when does this end? How frequently is the rent due. What does the agreement say about the option to renew?

Preston
Probably means that rent exceeds rate of £25 000 per year.