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correct date for renewal AST currently on rolling periodic AST

Started by Shoemond, February 23, 2019, 02:18:22 PM

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Shoemond

Hi All, I'm sure most of you will laugh at my query but would be grateful for your advice...I have a tenant who moved into my property on Monday 6 June 2005 initially on a one year agreement, I then issued another agreement in June 2006, then 2007 (although I can't find the paperwork) then again on 6 June 2008.  its been on a rolling periodic tenancy since then I guess.  My tenant has asked me for a new tenancy agreement for benefits and I have agreed as I would like to use the tenancy agreement from the government website which has the latest amendments. But I am unsure as to what date to put for the tenancy start date.  Do I date it from the date of the last one in 2008 or the date that I issue it to the tenant?  I have carried out an EPC recently and will give the tenant a copy of it along with the gas certificate and government tenant how to rent guide.  I did not take a rent deposit for this property. I don't want to make an error which will make it difficult for me in the future when I do need the property back.


KTC

Quote from: Shoemond on February 23, 2019, 02:18:22 PM
I don't want to make an error which will make it difficult for me in the future when I do need the property back.

Then don't grant a new tenancy. Give them a copy of the most recent fixed term tenancy agreement (June 2008-2009 ?), along with a cover letter that the tenant is currently on a statutory periodic tenancy that arose from the fixed term tenancy pursuant to s5 of the Housing Act 1988.

Shoemond

Thank you so much for your advice.  I'll draft a letter and give it to my tenant with a copy of the agreement dated 08/09.  Looking at this I'm wondering if I have made an error I have dated the agreement 6 June 2008, Term: A term of 12 months from and including 6 June 2008 to and including 6 June 2009....should this have been 6 June 2008 to and including 5 June 2009, does this mean I could have problems when I want to take the property back?

KTC

Any notice by you don't have to end on a specific date of the month so you have nothing to worry about. If the tenant wants to serve a notice to quit, it'll make the end date slightly more problematic, but nothing too much to worry about either.

Shoemond

Thank you so much for your advice, it has put my mind at ease.