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burg
06-09-2006, 19:42 PM
Having used an agent to find a tenant, do checks and organise the AST originally, is there any reason why I shouldn't just make a private agreement for the second tenancy period (with the same tenant) without involving the agent (using basically a very slightly altered version of the same AST) ?
Assuming this is OK, I assume there is no need to have it witnessed by a solicitor, agent or similar for it to be a valid and binding agreement ?
As far as I can see, my only obligation to the agent is a finders fee if the tenant buys the house (can they enforce this, particularly as he told us verbally there was no such clause in their T&Cs) ?

MrShed
06-09-2006, 19:45 PM
This very much depends upon your terms of business with the agent. However, the answer I have seen before is that you would generally need to get a Section 21 served upon the tenant, and ask the tenant to apply to you DIRECT for a new tenancy.

P.Pilcher
06-09-2006, 21:06 PM
You don't in fact have to do anything except to collect your rent and maintain the property. The lease will continue as a statutory periodic one - terms and conditions remain the same except that tenant can give you one month's notice and you have to give the tenant two months notice if you want your property back. You can also change the rent.

P.P.

burg
08-09-2006, 18:47 PM
Why wouldn't the formation of a new tennancy simply start as the previous one terminates, or should/could this be explicitly called out on the new tennancy (as would be the case by default with a will for example, and Mr Shed's comment about the issue of a second s.21 in other thread).
By default the statutory periodic tenancy would follow on from the current one, but it suits both tenant and myself to bind a further fixed period.

Not familiar with the content or exact intent of a s.21, but assuming it is an instruction to leave / termination of tennancy.

Mr Shed - When you use the term to 'serve' the s21, do you mean this has to be done through a solicitor, or simply delivered into their hand, so as to ensure receipt of the document. Is it a standard form, or just has to contain certain elements (if so, what are they).

P. Pilcher - What would be the correct process to raise the rent with the statutory periodic tenancy ? This was (from my side) a key part of starting a new tenancy agreement.

Apologies for what must be very basic questions - still very new at this game.

burg
08-09-2006, 18:57 PM
Further to previous - I see my question on the section 21 form is clearly answered in the 'agreements, forms and notices' page on the website.

Still seeking advice on

1) Why a new tenancy agreement wouldn't supercede the previous one (and could it if specifically called out)

2) Process to raise rent for static periodic tenancy.

P.Pilcher
08-09-2006, 22:03 PM
O.K. If you and your tenant agree to a new AST, then once it is signed it superceeds the previous tenancy agreement. Thus your tenant can have security of tenure for as long as you are prepared to grant over the two months given by a statutory periodic tenancy (minimum six months of course). If a new tenancy agreement is put in place, then this can be at a new rent as agreed by landlord and tenant. If however the statutory periodic tenancy remains in place, then the rent can be increased in accordance with section 13. Basically this permits the landlord to increase the rent provided at least one month's notice of the proposed increase is given and the rent is not increased again for a period of 12 months. The notification of increase must also inform the tenant what to do if he considers the increase excessive. If this is the case, then the rent can be referred to a tribunal which compares the proposed rent to the market rents charged for similar properties in the area and rule accordingly. A suitable form to make this notification is available from http://www.oyezformslink.co.uk

P.P.

burg
09-09-2006, 09:37 AM
Thanks for this P.Pilcher. Regards, Burg.