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Aug, 2014

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  1. #1

    Default Longer term lets

    Hi.

    Each year my letting agent contacts me and says my tenant would like to have it sorted that he's the right to stay in the property for the next 12 months. I've had no problems with the tenant and so I OK it.

    I'm asked if it is acceptable and then the agent "will arrange to issue the tenant's new tenancy agreement".

    I never seem to have to sign anything. Is this legally binding without something signed?

  2. #2
    Join Date
    May 2009
    Posts
    14,115

    Default

    An agent may sign a tenancy contract on a LL's behalf. (But the agent should be sending you a copy of the renewal contract).

    A tenancy contract for a term of 3 years or less is valid and binding even if there is no signed, written contract (but it's obviously preferable to have terms agreed in writing).

    Is the agent charging you for these renewal contracts BTW? Assuming this is an AST, are you aware that if no renewal contract is signed, a statutory periodic [assured shorthold] tenancy (a.k.a. rolling contract) will automatically arise at fixed term expiry if the tenant is in occupation? No paperwork necessary. The terms of the expired contract carry through into the periodic tenancy, e.g. rent payable, etc, except for any provisions about giving notice to end the tenancy.

    In short, you don't actually need to agree a renewal. The tenancy will continue anyway, albeit both you and T may want the security of a fixed term.

  3. #3

    Default

    Quote Originally Posted by westminster View Post
    An agent may sign a tenancy contract on a LL's behalf. (But the agent should be sending you a copy of the renewal contract).

    A tenancy contract for a term of 3 years or less is valid and binding even if there is no signed, written contract (but it's obviously preferable to have terms agreed in writing).

    Is the agent charging you for these renewal contracts BTW? Assuming this is an AST, are you aware that if no renewal contract is signed, a statutory periodic [assured shorthold] tenancy (a.k.a. rolling contract) will automatically arise at fixed term expiry if the tenant is in occupation? No paperwork necessary. The terms of the expired contract carry through into the periodic tenancy, e.g. rent payable, etc, except for any provisions about giving notice to end the tenancy.

    In short, you don't actually need to agree a renewal. The tenancy will continue anyway, albeit both you and T may want the security of a fixed term.
    "Is the agent charging you for these renewal contracts BTW?"

    In the one statement I could find, I was charged for the renewal contract. Going through my file I never seem to get a copy though. The only copy of the contract I have is from the beginning of the tenancy.

  4. #4
    Join Date
    May 2009
    Posts
    14,115

    Default

    So ask the agent to send you a copy of the latest renewal contract.

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