New contract or statutory periodic tenancy?

[lively1996]

Hi

 

My tenant wants to renew their ASTcontract for a further twelve months. The property is managed by an agent and up until now the rent has been paid on time. The property inspections have reported nothing untoward so I see no reason for the tenant to leave.

 

The LA wants 50.00 to renew the AST can I just ask that the tenant go on to a statutory periodic tenancy or is it in my best interests to sign a new contract.

[raydetinu]

You can of course suggest that, but would assume that the tenant wants the security of a set 12 month tenure, if on periodic you couls ask him to leave with ust a few months notice. You can draw up the contract, dont need an agent to do that! pressume they get a fee for managing the property which stays the same.

[lively1996]

I thought that with a Stat P T there was no need for a new contract and the tenancy just rolled on month to month?

[The Carpet Cleaners]

It does, but if the Tenant would like the security of a 12 month contract, and the OP would like the security of the rent for another 12 months, then I would have thought that £50 was a small price to pay for the guaranteed income of a good Tenant.

[Steve__M]

It's up to you and the tenant whether either/both are happy with a month-to-month tenancy. Or you could get your own agreement drawn up. Or you could get your own AST (which is what I have done).

 

Check your agreement with your letting agent. They may resist you leaving them.

 

If your agent is currently protecting the deposit, you may have to take that on yourself (it's relatively straightforward with DPS for example).

[lively1996]

Hi

 

Thanks for your advise.

 

With reference to the LA I have a contract where there is a fee chargable if I give notice to the LA and the tenant is still under contract. The LA was in breach of contract as they didn't produce a valid gas safety check until prompted by me. Can I end management contract with LA with no fee payable if they were in breach of contract?

[raydetinu]

Depends what it says in your contract about determination and if the LA responsible for organising Gas Check in the contract which would be normal; ultimately it is yours. So if all you have done is reminded them to do it and it has not caused any problems then I doubt if this alone will allow you to do it.