Viewing 9 posts - 1 through 9 (of 9 total)
  • Residential lease agreement
  • Gary_M
    Free Member

    My tenants lease is due for renewal and the first lease was done through a letting agent. The tenant wants to renew but i don’t see the point in going through the letting agent for this.

    Anywhere have a reliable source for a lease on line. I’m happy to pay if necessary.

    if you’re reading this Steve I’m on my lunch 🙂

    jekkyl
    Full Member

    you can do it for nought mate, I think whsmith sell them. or just photocopy the previous one.

    joeegg
    Free Member

    Check the agreement with the agent as i can only change or remove my agent once the original tenant leaves and the property becomes empty.
    Your tenant will have a lease agreement from the agent that you could copy.
    Remember that the deposit should be lodged in the governments scheme and the tenant would have to recover it through the agent.You would then have to lodge it yourself.

    peterfile
    Free Member

    which country is your property in?

    Is the tenancy agreement between you and the tenant?

    I’m assuming no notice has been served by you or the tenant to bring the tenancy to an end?

    depending on the type of lease, once you reach the end of the initial term, it will (usually) automatically continue until terminated by either party, no need to sign a new lease (regardless of what agencies will tell you).

    You’ll just be rolling on whatever your notice period is (usually one or two months).

    ScottChegg
    Free Member

    once the original tenant leaves and the property becomes empty.

    Which could happen when they go to Tesco.

    Good attempt by the Agent to lock you in until the end of time, but not realistically enforcable.

    Gary_M
    Free Member

    The agent was used as a tenant finding service only. I haven’t given notice as the tenant wants to stay and I’m happy for the tenant to stay too.

    The lease agreement is with me, not the agent.

    I’m in Scotland peterfile. Good to know I don’t need a new lease although the tenant may want this for peace of mind. So even though the initial agreement has come to an end the terms of the lease still apply?

    thepurist
    Full Member

    So even though the initial agreement has come to an end the terms of the lease still apply?

    In England (at least) the tenancy automatically becomes a periodic tenancy on expiry of the fixed term, so the agreement just roll on as before. Your tenant has to give you notice that they’re leaving rather than having the option to clear off at the end of the fixed term without saying a word to you, and you have a few more freedoms with regard to rent increases and reasons for evicting them.

    peterfile
    Free Member

    I’m in Scotland peterfile. Good to know I don’t need a new lease although the tenant may want this for peace of mind. So even though the initial agreement has come to an end the terms of the lease still apply?

    Tacit relocation is the term used in Scotland for what happens to a Short Assured Tenancy after the initial term. Did you provide the tenant with an AT5 when they took out the lease? I’m assuming the initial term was 6 months?

    Basically, if your tenancy agreement is silent on what happens at the end of the initial 6 month term, it will automatically renew for another 6 months.

    However, many (if not most) tenancy agreements will say something like “this tenancy agreement will continue on a monthly basis after the initial term”. If there is wording like this in your tenancy agreement, then it will roll on whatever basis is set out in the agreement (e.g. in the example above, on a month to month basis).

    Happy to have a look at your lease if you want. I’ll be able to tell you quickly what will happen at the end of the tenancy. Email is in profile.

    I’m not a property lawyer btw, but know my way around a contract

    Gary_M
    Free Member

    Cheers peterfile, I’ll have a look at the agreement over the weekend.

    Having looked at an AT5 online I do remember seeing that.

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