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Query regarding Tenancy Agreement and registering tenant

Started by ciscoroll, January 22, 2019, 11:56:28 PM

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ciscoroll

Hello, I own a small studio flat and have recently received one of those dreaded letters from the "Subletting Department" of my Managing Company, requesting I register the tenant. I have read various topics regarding the high fees but have a different query. They have requested the Tenancy Agreement and other details. My tenant moved in 2 years ago, at which point the Estate Agent organised and produced the Tenancy Agreement but for a 1 year period, since then there has been no new Tenancy Agreement, my concern is if I share this old Tenancy Agreement with them they will raise concerns, could you please advice? Kind Regards

KTC

If it's a statutory periodic tenancy, then it's a statutory periodic tenancy. If you're supplying a copy of the agreement, then just say that the tenant remained after the end of the fixed term and is on a statutory periodic tenancy arising from the fixed term per the Housing Act 1988.

Hippogriff

Quote from: ciscoroll on January 22, 2019, 11:56:28 PMMy tenant moved in 2 years ago, at which point the Estate Agent organised and produced the Tenancy Agreement but for a 1 year period, since then there has been no new Tenancy Agreement...

What is still said in the other answer, but I'll try to reinforce, is that your original Tenancy Agreement (an AST one assumes) didn't end after the first year, it automatically transitioned (without anyone needing to do anything) to the SPT form of the same Tenancy Agreement. Isn't that cool?

Therefore, even if the AST document has an end date in it, it doesn't mean it actually ended - the tenancy, the tenancy continues with all the same terms and conditions.

Now, someone may balk at that... you never know... some mortgage companies like to see what they would term a current agreement... which is still a nonsense, but I have had it asked for.

Pori78

I presume there is a flat fee they charge for granting you permission to let the flat. As already mentioned above, mortgage companies want to see a current AST, but the management companies we use for our rental flats has never asked for a copy the AST. I understand the need to register the names and contact information for the tenants, but I'd be cautious about providing anything that divulges personal information without consent (as per GDPR).