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driver
23-03-2010, 09:44 AM
My tenants signed an AST for 12 months that ended last week. They had requested a further 12 month AST and a draft contract was sent to them by email last month which they were happy with. A hard copy was sent to them for signature but has not been returned.

Are they now subject a periodic tenancy or to the new AST which they have agreed to but not signed?

jeffrey
23-03-2010, 09:52 AM
As you have no evidence that T agrees to the new AST, whether signed (but unreturned) or unsigned, the SPT has arisen.

driver
23-03-2010, 10:01 AM
I have an email stating that they are happy with the terms of the new AST. Is this evidence?

jeffrey
23-03-2010, 10:03 AM
It might be, yes. Is the rent unchanged or increased?

driver
23-03-2010, 10:22 AM
The rent is unchanged. The original AST (using ARLA template) was drawn up by my letting agents and only named one of the two tenants. The new AST (from RLA) names both tenants.

jeffrey
23-03-2010, 10:25 AM
Aha- so it cannot be an SPT, because AST2 has different definition of 'tenant' from AST1.

driver
23-03-2010, 10:34 AM
I would have been happy for SPT with only tenant#1 but they wanted another AST with both tenant#1 & #2.

So am I right in thinking that by verbally accepting the new AST and confirming that they are happy with the terms of this contract by email that I do not need to have a signed contract in my possession? The contract in their possession was signed by me.

Snorkerz
23-03-2010, 11:55 AM
If a deposit was paid on AST #1, it needs to be returned, and a new deposit for AST #2 collected if required.

jeffrey
23-03-2010, 12:16 PM
I would have been happy for SPT with only tenant#1 but they wanted another AST with both tenant#1 & #2.

So am I right in thinking that by verbally accepting the new AST and confirming that they are happy with the terms of this contract by email that I do not need to have a signed contract in my possession? The contract in their possession was signed by me.
AST2 is:
a. dissociated from AST1;
b. is oral only; and
c. needs deposit re-protection (see post #8).