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What's the proceedure when you get close to end of 6 month contract

Started by markho, June 01, 2015, 11:36:06 AM

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markho

I'm new to renting and bought a flat to let at the start of this year. The tenant has a 6 month agreement that comes to an end in August. I originally set it up with the Estate agents. What should I do now re the tenant either continuing to stay and do I need to get a new agreement set up.

Martha

Assuming it is going into a periodic tenancy after 6 months (is it?), probably the most important thing to do is make sure you reissue the Prescribed Information for the deposit.  You have done that once already at the start of the tenancy right ?

Riptide

There is apparently no need to reissue PI after the deregulation bill.  I would still do it though,

To the OP, I let my tenancies turn into SPT (statutory periodic tenancies) rather than issue a new fixed term.  It gives me more power and flexibility with regards to getting the tenants out if I need to, with the slight down side that they may leave (they would do this in a fixed term if they had to anyway and create more of a mess).  An SPT requires you to give 2 months notice and the tenant 1 month notice if the tenancy is to be terminated.

Martha

Quote from: Riptide on June 01, 2015, 01:06:27 PM
There is apparently no need to reissue PI after the deregulation bill.  I would still do it though,

You are probably right, but I have read and tried to understand the bill, and I cant convince myself that they have let us off the hook on this. 

markho

Thanks for the help. Being new to letting when I bought the flat I let it out through an Estate Agent theydid all the set up for me. I assume that the PI was also done by them will have to check the paperwork I have. It seems that my management fees are to increase from August as well , can I also increase my rent after the initail 6 months has expired ?

Petal539

In my case I have been letting my house 6 months at a time over the past couple of years because I was getting close to retirement and didn't know when I would need to stop renting house out.  In March this year, having sold my own house far more quickly than I expected (within 2 days!) I said I would not be extending the current 6 month rental and that if tenant could find somewhere else to live before 6 months was up, that would be good.  Time dragged on, tenant has found somewhere to live but it is being decorated / refurbed and she cannot give me a date as to when she will be able to move in.  This could be by 19 June, but she cannot confirm!  This means I am faced with finding interim accommodation (not much available due to Silverstone bookings), storing MY furniture, and is generally causing great inconvenience, not to mention expense.  Agreement simply states you have to give 2 months' notice - not, as agent tells me, that you have to give 2 months' notice that you wont renew the agreement with tenant being entitled to stay the full term.  Is this really correct?

Hippogriff

Giving a Tenant the at least 2 months required notice, whether you're coming towards the end of a fixed term or on a monthly rolling contract, does not mean the Tenant has to leave. All it means is that, after that notice has expired you, as the Landlord, can apply to the Court for possession. The Tenant can remain in your property for months after the notice expires.

You selling your own house quicker than expected and potentially having to find alternative accommodation and storage is actually a problem of your own making. I'm sure that you didn't think you could just rock-up with a van load of stuff and say "get out" when it suited only you. I think there is a positive outlook for you in that the Tenant has found somewhere to go to and there is light at the end of the tunnel... imagine if they said - "I'm not going anywhere until Bailiffs turn-up and forcibly remove me" that would be months from now.

Hippogriff

Quote from: markho on June 01, 2015, 03:01:53 PMI assume that the PI was also done by them will have to check the paperwork I have.

Never assume that.

If the Agent hasn't done it, you will be liable for any penalty. It's important to get this bit right and understand your obligations in this space.

Martha

Quote from: markho on June 01, 2015, 03:01:53 PM
I assume that the PI was also done by them
You cannot afford to assume anything when it is you who is legally responsible for dealing with the DPS.  No shit will stick to the agent if this goes wrong.

markho

Thanks for all the advice, been going through paperwork to check everything.

markho

Also since I purchased the flat the maintenance charge with Sovereign will go up from £60 per month to £105 by August then to £205 by 2017. Is this normal, as I'm only getting £450 per month rental income its a huge increase and I am beginning to think its hardly worth the investment.