Question

AST – Renewal after initial period ?

28 Jun 2018 | 5 comments

Hi
I have an AST for 12 months, then it’s 1 months notice by either party after that. Now the 12 months has passed both myself and my tenant are happy with the 1 months notice by either party, is there any legal reason why I would need to create a new AST document or can we carry on with the existing AST?

Answer

5 Comments

  1. guildy

    Having a clause allowing a landlord to give one months notice like you have is entirely unenforceable and contrary to the Consumer Rights Act 2015 because the law (Housing Act 1988) requires you to give at least 2 months notice.

    Having such a fundamental and basic clause incorrect in an AST worries us because could there be other clauses wrong leaving you in not as good a position as you could perhaps be.

    On that basis, you may want to upgrade your tenancyto a more modern agreement via a renewal ensuring compliance with current legislation.

    However, ignoring the clause for a moment, in principle, our general advice is to leave a tenancy rolling periodic once the term has ended.

    Please see this article for more details

    • steadydriver

      Hi
      So if I issue a new AST using the templates on this website, would I need get a new EPC or Electrical check even though it’s less than 5 years since they were last done and it’s the same Tenant?

      Thanks

  2. guildy

    No, just provide the existing EPC as it lasts 10 years. Technically, there’s no requirement to give the EPC again on a renewal but we prefer to keep things simple and just give them everything at each renewal – saves arguments later! That being said, it’s less important in Wales than England.

    There’s no requirement to give a tenant a copy of any electrical reports.

    • steadydriver

      Hi
      Thanks for this, just to confirm I have the EPC from June 2014 for a house in Wales, is it valid for 5 or 10 years with the same tenant?

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