How soon can I issue a new tenancy agreement whilst current fixed term is still running?

How soon can I issue a new tenancy agreement whilst current fixed term is still running?

0:02 AM, 22nd November 2023, About 12 months ago 10

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Hello all, I’m seeking advice. Where an AST is due to expire in March 2024 is it possible/acceptable to provide the tenant with a new fixed term (eg. 6 months covering March to September 2024) in January 2024? ie. a bit early!

I wanted to be sure this creates no issues regarding the current fixed term and that it’s possible for the tenant to commit to a new fixed term agreement this far in advance whilst the original fixed term is running.

The reason is I will be out of the country at the actual time of expiry and would like the contracts dealt with earlier than I typically would.

Thanks in advance,

Rich


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Easy rider

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9:57 AM, 22nd November 2023, About 12 months ago

You can issue a new fixed term AST at any time - if the tenant agrees.

Alternatively, you could amend the current AST or leave it run as a periodic tenancy.

What does the tenant want?

DPT

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10:35 AM, 22nd November 2023, About 12 months ago

Why would you want to do this when it's almost always better for both landlord and tenant to allow the tenancy to go periodic as soon as possible.

Easy rider

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10:43 AM, 22nd November 2023, About 12 months ago

Reply to the comment left by David at 22/11/2023 - 10:35Allowing a tenancy to go periodic doesn’t give tenants the security of tenure that they often desire. Nor does it give the landlord the relative certainty of knowing that they have a tenant for the fixed term
The landlord is going to be out of the country. If the tenant leaves at the end of the current fixed term, the landlord may not have the time to find a new tenant. There will be an inevitable void period.
The RRB seeks to scrap fixed terms. Maybe you could enlighten me as to why this is a good thing for the average tenant or average landlord?

Landlord1984

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14:01 PM, 22nd November 2023, About 12 months ago

Reply to the comment left by Easy rider at 22/11/2023 - 10:43
Easy rider is spot on with their analysis. The tenant likes the security of 6 months as appose to being on two month notice and I'm happy with that scenario too. I agree RRB getting rid of fixed terms in cases where both landlord and tenant desire it makes little sense.

I also did want to make a minor amendment to the existing AST terms in adding my partner as a joint landlord and a new AST seemed a good way to meet all objectives in one go.

So all good to issue an new contract early? I did wonder regarding the How to Rent guide. If it were to be updated is the copy given at the time of signature sufficient and if by chance a new one as released before the new AST began would I need to issue that again seperately?

Graham Bowcock

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14:32 PM, 22nd November 2023, About 12 months ago

Reply to the comment left by Landlord1984 at 22/11/2023 - 14:01
In etrms of making oyur parner a joint landlord, what is the reasoning? Are they a joint owner of the property?

A change in landlord does not necessitate a new tenancy agreement; it is sufficient to serve notice unde the Landlord and Tenant Act.

Landlord1984

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14:45 PM, 22nd November 2023, About 12 months ago

Reply to the comment left by Graham Bowcock at 22/11/2023 - 14:32
Thank you Graham, yes my partner is co-owner. I'm aware of the seperate notices to change landlord but in the event of my death it would be one less thing for my wife to have to think about.

Also as mentioned the tenant and myself do want a 6 month term anyway. It surely makes sense to combine the requirements?

I'm very interested to hear any implications / considerations to issuing a new AST early..

Graham Bowcock

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14:50 PM, 22nd November 2023, About 12 months ago

Reply to the comment left by Landlord1984 at 22/11/2023 - 14:45
You;re right to get the documents correct and it will save and hassle in the future.

I can't see any issue with documenting new tenancy now. If I were writing it I would reference the exisiting tenancy for ther avoidnance of doubt. I would also make sure there is full compliance with required documents.

Landlord1984

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15:32 PM, 22nd November 2023, About 12 months ago

Thanks Graham,

It's funny as I get older things I never used to consider or worry about now seem to be of the highest importance!

DPT

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11:46 AM, 23rd November 2023, About 12 months ago

Reply to the comment left by Easy rider at 22/11/2023 - 10:43
I missed the bit about the landlord being out of the country and agree that this may put a different complexion on it in this case. However, in general I believe its still in both parties best interests for the tenancy to be periodic after a short initial fixed term of say 6 months, (student tenancies excepted). All the tenants that I've ever known have accepted the argument that their security is not based on the length of the contract, but on the quality of the relationship. I and many other landlords have tenants of 10+ years plus on periodic tenancies. A periodic tenancy is better for tenants because if they have a change of circumstances they can exit the agreement in a relatively short time. For the landlord, they have the certainty of knowing that they can serve notice immediately if the tenancy goes bad. Landlords may fancy the security of locking their tenant in for 12 or 24 months, but in practice this is a delusion. No sensible landlord will ever try to force a reluctant tenant to remain in charge of their valuable asset if they need to move.

Landlord1984

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14:14 PM, 23rd November 2023, About 12 months ago

Reply to the comment left by David at 23/11/2023 - 11:46Thanks for your comment David. Yes I agree ordinarily periodic can have it's benefits too (less re-issuing of paperwork being a good one too!)
It is mainly my current circumstances that are driving this.
It does make me consider more and more though what is actually wrong with the current system? Repeat fixed terms for those landlords and tenants that want it, with periodic also having benefits for landlords and tenants happy with that.

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