New contract

[peterdo]

Basically, I currently have an agreement with a letting agent for a fully managed service. I have now managed to terminate that agreement and the current tenant is willing to rent directly from me.

I had a previous thread where I was told that there is no need for a new contract (as the terms, excluding the agent aspect, havent changed) and also that I wouldnt be required to participate in the TDS as the agreement was set up in Nov' 2006.

I spoke to the Letting Agent yesterday who informed me that I would be required to hold the deposit in a TDS, is he correct? Also, the contracts that have been signed are between myself, the LA and the tenant, to avoid confusion, would I be best to create a new contract on the same terms (minus the referral to LAs)?

Thanks in advance!

Pete

[Colincbayley]

If no AST is being created then there is no need to hold the deposit within the TDS.

There is no reason why you can not just continue with the original AST.

[peterdo]

Even though it has references to the original LA?

I am planning to issue the tenant with additional information anyway, such as contact details for emergencies, address to serve notice to etc that would supercede the original info.

Pretty sure the LA was just trying to play the sacre tactics to delay me going solo, reinforces my reasons for ditching them!

Cheers

Pete

[Paul_f]

The letting agent is not part of a tenancy agreement, only the landlord & tenant. The agent may act for the landlord but has no legal connection with the tenant

[peterdo]

When the 6 month initial period ends on the AST, is there a requirement (or is it best practice) to issue a renewal to the tenant? What is the legal situation if its just a rolling contract? My understanding is 1 months notice by the tenant and 2 months by the landlord?

A rolling contract will avoid the TDS, from what I can gather, a renewal will mean holding the deposit in a TDS!

Thanks in advance

Pete

[jeffrey]

When the 6 month initial period ends on the AST, is there a requirement (or is it best practice) to issue a renewal to the tenant? What is the legal situation if its just a rolling contract? My understanding is 1 months notice by the tenant and 2 months by the landlord?

A rolling contract will avoid the TDS, from what I can gather, a renewal will mean holding the deposit in a TDS!

Thanks in advance

Pete

L is not obliged to renew (=grant new fixed term). T can stay on, as periodic tenant, until one or other of them ends the periodic tenancy OR until L does grant new fixed term.