Assured Shorthold Tenancy Renewal and Tenacy Deposit Scheme

[less2303]

I have just received in the post a new AST for the property that I am renting, which the Landlord requires signing and returning.

The first and original AST ran from 1/10/06 - 1/04/07. The new AST is for 1/04/07 for 6 months.

Along with the new agreement is a note apologising for the delay in sending it out, as obviously it should have been done at the beginning of April.

Firstly, I find it unusual that a new AST has been sent out, as I thought the old one would continue on a month to month basis. What would be their reason for doing this?

I have done some reading about the new Tenancy Deposit Scheme, in which it states it only applies to AST's from 6th April onwards.

Will this affect me at all, as although the agreement is for the period 1/04/07 onwards, it will not have been signed until well after the date that the TDS comes into being.

I would like to be covered by the TDS if at all possible, to avoid any hassle at the end of the Tenancy, so I would like to know if I can use this to do so.

Any views or advice would be appreciated.

[Ms Fi]

Will be watching for replies with interest as my landlord has just informed me a new lease is on it's way, 6 months after the old one ran out!

[Joa]

If your landlord or agent renews your tenancy on or after 6 April 2007, and gives you a new agreement- the deposit becomes protected by TDS.

[less2303]

So which would be the applicable date, the date it is signed, or the date on the Agreement?

The agreement has been dated 01/04/07, but wont be signed until now by me.

[Joa]

if the tenancy agreement stipulated that the tenancy runs from 01/04/07, then i am afraid your deposit will not be protected. TDS kicks in for agreements which are new or renewed on or after 06/04/07. Signature bit is not relevant as you just as well could have a verbal agreement.

[less2303]

Thanks for that.

Any idea why the landlord would want to issue a new AST, instead of just letting the original run on?

[installspark]

Hi less,

The issuance of a new AST by your landlord is to your benefit. By letting your tenancy to continue on a month by month basis your landlord had let it convert to a periodic tenancy, this effectively gives you no rights and, should the landlord have chosen to do so, possession could be sought without notice.

It is a shame that the agreement was dated before the 6 April as you will have to wait 6 months before your deposit will be covered by the deposit scheme.

Sparky RSM

[Aequitas]

Never sign a backdated document. In the case of a tenancy it will, apart from anything else, get you into problems with stamp duty.

[less2303]

How does stamp duty affect renting a property?

[Joa]

your landlord had let it convert to a periodic tenancy, this effectively gives you no rights and, should the landlord have chosen to do so, possession could be sought without notice.

Incorrect. Notice has to be issued in possession action for periodic tenancies. The difference is that there doesn't have to be any specific reason, the landlord may just seek possession on any ground. Other rights are also unaffected; quiet enjoyment etc.

It is a shame that the agreement was dated before the 6 April as you will have to wait 6 months before your deposit will be covered by the deposit scheme.

Huh? I am not sure about that at all. The deposit would only be protected if tenancy commences or is renewed on or after 6th of April. The poster doesn't tell us how long is his new tenancy for. If it's renewed after 6 months, the TDS will apply to the new tenancy, but if the tenancy runs for 12 months then TDS is not going to apply for 12 months.

[installspark]

Originally Posted by Joa

The poster doesn't tell us how long is his new tenancy for. If it's renewed after 6 months, the TDS will apply to the new tenancy, but if the tenancy runs for 12 months then TDS is not going to apply for 12 months.

Errrr.....Yes he does

Originally Posted by less2303

The first and original AST ran from 1/10/06 - 1/04/07. The new AST is for 1/04/07 for 6 months.

and in any case if the tenancy began after 1st April 2007 and does not have a definite period stated in the tenancy agreement, tenancy statement or rent book - a period of 6 months will apply to the tenancy. Once this tenancy period ends, the tenancy will be a periodic tenancy.

Taken from the SHELTER website

My fixed term tenancy is finished

Your landlord doesn't have to give you any notice before asking you to leave at the end of a 'fixed term tenancy'. Your landlord must get a court order before you have to leave your accommodation.

It is not a good idea to stay in the property when your landlord is going to start legal action to evict you. The court must give the property back to the landlord. You won't be able to argue that you should be allowed to stay in the property. You could end up paying your landlord's legal costs.

I have a periodic tenancy

Your landlord must give you 4 weeks notice to quit in writing and get a court order before asking you to leave. It is not a good idea to stay in the property when your landlord is going to start legal action to evict you. The court must give the property back to the landlord.

You won't be able to argue that you should be allowed to stay in the property. You could end up paying your landlord's legal costs.

[Joa]

Oops, he does indeed. That'll teach me to reply to posts before my first coffeee
as for the need for notice in periodic tenancies (which btw, less' is not)- it's confirmed by the Shelter:

I have a periodic tenancy
Your landlord must give you 4 weeks notice to quit in writing and get a court order before asking you to leave.

Nevertheless, the question was about deposit; with the agreement dated 1st of April, it is not going to be covered by TDS.
Aequitas; what are you on with the stamp duty?

[Aequitas]

Forget what I said about stamp duty. It seems that the new SDLT does not apply to ASTs.

Even so, do not sign back dated documents.

[less2303]

9 months on and two tenancy agreements later.....

The latest tenancy agreement has just recently arrived in the post, dated 7th April 2008.

The term is 6 months from 7th April 2008, with the deposit shown as being paid at the beginning of the 1st agreement on 1st October 2006.

From what has been previously stated, and what I have read on the forum since, am I correct in believing that this should now be covered by the TDS?

Also I received one weeks notice of a rent increase by £10 a week, am I correct in believing that I should have received a months notice of this?

At this stage I have replied requesting justification of the increase, (As requested by the local council, as I have contacted them to request assistance) as I now have to find £20 a week as I receive housing benefit and this has just been reduced by £10 a week effective from the same date!

At this stage, I havent signed or returned the Tenancy agreement.

Any advice on the best way to proceed would be appreciated.