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JBAND
03-02-2010, 09:46 AM
Hi All
The current tenancy agreement on my property is coming to an end this month and I am unsure whether I need to extend the current agreement or set out a new agreement (or if it makes any difference). Also how does this affect the deposit held by the DPS?

Thanks:)
J

jeffrey
03-02-2010, 10:49 AM
L can choose between granting a renewal/replacement tenancy (new, so need to reprotect) or letting the old one continue under s.5 of 1988 Act.

westminster
03-02-2010, 14:42 PM
Hi All
The current tenancy agreement on my property is coming to an end this month and I am unsure whether I need to extend the current agreement or set out a new agreement (or if it makes any difference). Also how does this affect the deposit held by the DPS?

Thanks:)
J

Assuming you are the landlord and the tenancy agreement is an AST, if you do nothing, and the tenants don't move out, the tenancy will automatically become a statutory periodic tenancy on a monthly rolling basis (if T pays rent monthly). Terms in the contract stay the same except for notice - LL must give 2 months, T 1 month. You would not need to re-protect the deposit.

If you issue a new fixed term agreement, the main difference will be that both you and T would be locked into the contract for the fixed term (unless you evicted for not paying rent or agreed an early surrender), which may or may not suit you. You'd also have to re-protect the deposit for this new tenancy.