30/11/2018 5:37 pm
An AST for one year on a property in Wales is due to end 18th February 2019. There are errors in the existing AST, it states it will roll over to a “contractual periodic” and a specific Deposit Scheme is embedded in the AST. Thus, I need to modify the Tenancy Agreement and am unclear as to my options. Can I rewrite the Tenancy Agreement( correcting the errors etc.) with the title “contractual periodic tenancy” or is it preferable to issue (with the Tenant’s Agreement) a further AST for 6 or 12 months. Also what would be the requirement with respect to the re-Deposit Protection, Issuing of Prescribed Information and Terms and Conditions?
1 Comment
01/12/2018 11:06 am
Not sure the words “contractual periodic” is fatal to the agreement because it can only be a “tenancy” and nothing else.
If the deposit scheme embedded is the scheme that was used then again, that seems okay to us to just leave rolling.
However, if you do want to get rid of these then a new AST is the only way to go.
If the deposit is staying in the same scheme, no further action is required in that regard (but check the terms of the scheme to see if they require a new fee upon renewal if insured has been used).
That being said, we generally suggest that if you’re doing a new AST renewal, it’s just as easy to incorporate all the documents again (including prescribed information) even though it may not be legally necessary.
You could use our Tenancy Builder for the renewal.
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