PDA

View Full Version : Resuming STA after section 21 served.



Richardlandlord
21-02-2009, 12:19 PM
I own a residential house (2 bed semi) which I let to a tenant under a STA. Back in September 2008 I served a section 21 notice (2 Months) as I was in financial dificulty at the time and wanted to sell the property. By the time the tenant was due to move out, my financial situation had improved and so by mutual agreement (verbal) it was decided that the tenant would continue to live in the property and pay rent as before the notice was served. Under these circumstances:
Does the old STA just carry on as if no notice was served?
Do I need a new STA?
If I do nothing am I in danger of creating a different type of tenancy?
Should I have our verbal agreement put in writing and signed?
Is there anything else that I should do?
I am reluctant to issue a new STA (6 months) incase my situation changes again and I need the tenant out ASAP.
Any advice you could offer would be much appreciated

mind the gap
21-02-2009, 13:25 PM
I own a residential house (2 bed semi) which I let to a tenant under a STA. Back in September 2008 I served a section 21 notice (2 Months) as I was in financial dificulty at the time and wanted to sell the property. By the time the tenant was due to move out, my financial situation had improved and so by mutual agreement (verbal) it was decided that the tenant would continue to live in the property and pay rent as before the notice was served. Under these circumstances:
Does the old STA just carry on as if no notice was served?
Do I need a new STA?
If I do nothing am I in danger of creating a different type of tenancy?
Should I have our verbal agreement put in writing and signed?
Is there anything else that I should do?
I am reluctant to issue a new STA (6 months) incase my situation changes again and I need the tenant out ASAP.
Any advice you could offer would be much appreciated

I am assuming that by STA you actually mean AST (Assured Shorthold Tenancy). If you do not, then please ignore what follows!

Essentially, you may let the tenancy roll on as a periodic tenancy just as it is now, without having to do anything about it. The fact that you served a section 21 notice, but then did not proceed to gain possession does not matter, since your verbal agreement with T can supersede the s21 if both you and T are happy for it to do so.

Nor do you need to have any extra documents drawn up - just bear in mind that if you do at a later stage want to seek possession, you need to give at least two months notice as you did before, ending on the last day of a rent period, but yout T need only give one month's.

jeffrey
22-02-2009, 22:58 PM
Or is an STA:
a. one of the Scottish lettings; or
b. a mistake which should read SAT (Standard Assured Tenancy, still under 1988 Act)?

Richardlandlord
23-02-2009, 00:23 AM
I apologise for the confusion. I said STA....Shorthold Tenancy Agreement when I should have said AST.....Assured Shorthold Tenancy. I am new to the forum and will try to be more careful in the future, many thanks to 'Mind the Gap' and 'jeffrey' for their replies.

jeffrey
23-02-2009, 08:35 AM
I apologise for the confusion. I said STA....Shorthold Tenancy Agreement when I should have said AST.....Assured Shorthold Tenancy. I am new to the forum and will try to be more careful in the future, many thanks to 'Mind the Gap' and 'jeffrey' for their replies.
That's OK. The types of tenancy names can be confusing. For a list of those under E&W law, see http://www.landlordzone.co.uk/forums/showthread.php?t=5676.