Recent Feedback
HI - I have tennants who have been in my property for 3 years. I have decided to get rid of my managing agents. Do I need to draft a new shorthold tenancy agreement? Or do they continue on the statutory periodic agreement. If so do I need to get them to sign anything? Also, the deposit is with the Deposit Protection Service. I do have the details. I'm just concerned because I am now not with the agents, although I do have the original contract and if i draft a new one, how do I legally write that the deposit has already been paid...Any help gratefully received!Kelly
Optional Information: Province/Country relating to question : Barber Already Tried: Residential Landlords Association - downloaded agreement Contacting my solicitor
Hi, Thanks for your question. If I have provided you with an answer, kindly click ACCEPT.
When does the original contract expire? Have you served any form of Notice to the Tenants?
Hi
The contract was originally signed on 29 June 2009. Since then it has expired, but as a periodic statutory contract. It only says that Anderson are my managing agents... I have never served any notices on my tenants
Are you still there?
Hello?
Still here
Hi, what I suggest that you do is serve a Section 21 Notice to the Tenants and then ask them, upon its expiration, to enter into a new Tenancy.
With regard to the Deposit, you will need to ensure that the DPS have your details as Landlord.
Why on earth would I want to serve them a section 21, I do not wish to obtain the property back... rather just write a new contract. I have written to my managing agents and asked them to transfer the deposit to a new landlord, ie me...
If however I write a new contract, how do I explain in legal terms that the deposit has already been paid. And being when the tenants moved in they moved from an address, yet now they live in my house, what address for them do I put?
And being the contract is between my tenants and myself, shouldn't the existing contract still hold weight - can I not just issue them a notice that changes the address where notices are served, ie from my managing agents to me?
Do I really have to write a whole new contract?
Hi, no you do not, if you do not wis
wish to.
The purpose of serving a Section 21 would mean that the periodic tenancy would come to an end and the tenants would have to sign a new AST or leave.
With regards XX XXX deposit, this will be transferred to the new tenancy so you will only have to confirm the details with the DPS and state in the contract that the deposit sum.
You can just issue a Notice, however, I would advise against this as it could become messy. The simplest solution would be to serve a S.21 Notice and then subsequently enter into a new tenancy.
I hope this answers yoru question. If so, kindly click ACCEPT. If you wish to discuss, please feel free to ask further questions.
Kind regards,
Could I not just write a new AST without serving S21... I don't fully understand why I should serve a S21. And I don't understand what would become messy, when the original AST is a legally binding document, all that would be changed by serving a notice is the 'address to which they must serve notices'?
You do not need to serve a S.21, although, by doing so, it would be a lot neater.
If the original tenancy has already expired, it becomes a rolling periodic tenancy. In the event that the tenants cause problems and you wish to evict them, you would require the Section 21 in any event. Also, a new tenancy allows you to increase the rent, if you wish to do so.
Experience: LL.B, Pg.Dip LPC, LL.M, Higher Rights Civil, M.B.A (Pending)