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AST Extensions


Simon Dewsberry

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I have many times in the past extended ast's by

1. changing the dates/term and both my and T sig on both copies of asts(+witness)

2. adding one line in my special conditions to confirm the "New" extended initial period and both signing (+witness)

Are these legally binding ?

will they stand up in court ?

As it is agreed by both parties i dont see why it shouldn't..........

Rent rises S13 ???

Never seen one !

We talk, we agree, they pay .....we all happy !!!!

Simon

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"1. changing the dates/term and both my and T sig on both copies of asts(+witness)"

Dunno how legal this is to say this but if LL and T agree then as long as it doesn't go to court then I'm sure it's ok.

I don't know if the judge would be so understanding though.

(by the way there's no advantage to getting a witness to sign, it means nothing!!)

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Strictly speaking, a witness isn't required for agreements of less than 3 years but understand why one might be requested.

A mutually agreed change to the contract is acceptable if both parties are happy with it therefore no notice needs serving. The equivalent is asking a tenant to leave your property early and they agree; no notice is required. (Does everyone know the 5 ways to end a tenancy agreement?)

To enforce a rent increase, if possibility of being contested, a S13 must have been served giving a month's notice. The equivalent is serving a S21 if you want the property back but the tenant refuses to leave.

Succint for clarity...

Variations to agreements can be mutual or official; the manner dealt with depends on the individuals concerned.

As an aside, AST's can be created without a written contract, the written contract is there to specify the terms and conditions of the tenancy.

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Missed on my last post; there's no need to issue a new contract if raising the rent. Min period between rises is 12 months if served under the Housing Act using S13. However, increases by mutual agreement is a different matter.

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