Memorandum of agreement

[scrfmah]

We have a renewal coming up at one of our properties and we are wondering can we use the MEMORANDUM OF AGREEMENT below to renew or do we have to issue a complete new contract???



MEMORANDUM OF AGREEMENT

Dated this

WHEREBY it is agreed by and between the Landlord

*

and the Tenants

*

in respect of the Premises situate at and known as

*

that the Tenancy hereinbefore created on

*

shall be extended for a further term commencing on and including

*

and teminating on and including

*

on the same terms and conditions as contained in the existing tenancy agreement (save that the rent shall be £ per calendar month) (save that the Landlord may at any time give not less than two months notice to the Tenant to terminate the tenancy and the Tenant may at any time give one months notice to the Landlord to terminate the tenancy and for the avoidance of doubt such notice may expire during or at the end of a rental period)


SIGNED Tenant …………………… Tenant ………………………..

(By)(For and on behalf of) the (Landlord)(Tenant)

Signed……………………………………†¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦

IN THE PRESENCE OF
Witness Signature …………………………………………†¦â€¦..

Name and Address …………………………………………†¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦.

…………………………………………†¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦.

Occupation …………………………………………†¦â€¦

[jeffrey]

1. Is this property in E&W or elsewhere?
2. Are you L, L's Letting Agent, or T?
3. What type of property is it: residential or commercial?
4. If it's residential, is the existing letting an AST/SAT or outside the Housing Act 1988?
5. Who wants that a new fixed term be granted: L or T?

[westminster]

This is how my letting agent does renewals. They are a big national chain, and ARLA members, so I presume they know what they're doing (most of the time ;)).

[scrfmah]

1. Is this property in E&W or elsewhere? - England
2. Are you L, L's Letting Agent, or T? - Developer who owns a few properties
3. What type of property is it: residential or commercial? - Residential
4. If it's residential, is the existing letting an AST/SAT or outside the Housing Act 1988? - AST
5. Who wants that a new fixed term be granted: L or T? - Tenant

[jeffrey]

1. It looks OK, although the 'whereby' is a bit archaic (and is it "Tenant" or "Tenants"?)

2. As it's a new letting:
a. any deposit will needs reprotecting; and
b. any s.21 Notice already served will cease to be operable.

3. On the other hand, it's a renewal [a 'replacement tenancy' under s.5(5)], so the 'six-month' rule won't apply if:
a. L/T/premises are unchanged; and
b. the old letting ran for at least six months.

[scrfmah]

Thanks Folks