UK Landlord Forum / Life

Backstory - had a rubbish agent, tenant was NOT happy, July 2015 (last year), agent used tenant's deposit as rent, shortly afterwards, managed to end contract with that agent and have been looking after tenant myself since then on behalf of my ailing father. Tenant is good, pays rent on time

Tenant's original contract was 12 month fixed from Jan 2012, then became monthly periodic from 2013

Tenant just paid their deposit to me, Sep 2016, I have put that in a DPS account, am doing the EPC (hasn't had one for a while), CP12 is annual, have smoke & carbon monoxide detectors fitted.

Query:
Tenant is still on the monthly periodic holding over from the original one they signed with the dreadful lettings agent, I'm happy to continue with monthly periodic but do I need to:

1) Sign a new 12 month AST contract with tenant from date deposit received?
Deposited with DPS on 17 September. I would need to go through the Right to Rent checks with them. I would need to get the EPC done and issue a 21(4)(a). The contract would then come under the changed Regulation Act from 1 Oct 2015 - "Specific changes – these apply for all new assured shorthold tenancies starting after 1 October 2015 (and then after 3 years, to all tenancies)....includes a 'renewal' tenancy – a fresh AST – granted on or after 1 October."

OR - less work if I can legally do this -

2) Write an amendment to their existing periodic tenancy that simply states new agent name effective from July 2015 and date / amount of deposit received

Advice appreciated

Thank you

I don't think you need to do Right To Rent checks on someone who already has a tenancy with you - but even if you did they're dead easy to do. If you just want to commence a new fixed term with a new AST then do that. As you protect the deposit and input a tenancy start date, it can be that new date. You don't need to go and formally end the existing tenancy with a Section 21 or anything like that, the new one just overrides the old one. You should always have an EPC in place, of course.

That said, you will want to make sure the Tenant wants to sign up for a new fixed term - you really can't impose one upon them (at least not ideally).

So I would go for answer 3) in an effort for even more simplicity... sorry. The new regulations really only have a negative impact if you're going to end up with some troublesome Tenants (in my opinion) and the new admin. on the side of the Landlord isn't too bad.

Thank you Hippogriff,

I don't mind (nor do they) signing a new AST with the deposit date being start date, so I think I will do that.
Just to clarify - I do or don't need to then serve them a section 21(4)(a) in 4 months time?

Thanks
S

I'm not sure I'm clear on why you think you would need to? Can you elaborate for me, please?

Ahh, I'm not sure I'm clear on that either - have read through so much information, maybe I'm now on overload. I thought the new AST for existing tenant would require a new section 21 to be on file....?

No, a new AST would just override the old one. I've done it myself. There's no need for a Section 21.

Hippogriff - thank you, all the very best to you 
S

Very interesting to read this thread.
So when an existing assured tenancy agreement expires, you can enter in to a new one starting from the new date and it is in effect a new agreement? Rather than extension an existing one?