Simon Dewsberry Posted July 14, 2007 Report Share Posted July 14, 2007 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 Link to comment Share on other sites More sharing options...
J4L Posted July 14, 2007 Report Share Posted July 14, 2007 "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!!) Link to comment Share on other sites More sharing options...
Simon Dewsberry Posted July 15, 2007 Author Report Share Posted July 15, 2007 Gareth (by the way there's no advantage to getting a witness to sign, it means nothing!!) Did you want a re-think on this ...........? B4 i waste my time exploring the logic here ........!!!!!!!!!!!!!!!!!!!!!!!! Chin back in........(LOL) Simon Link to comment Share on other sites More sharing options...
GPEL Posted July 15, 2007 Report Share Posted July 15, 2007 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. Link to comment Share on other sites More sharing options...
GPEL Posted July 15, 2007 Report Share Posted July 15, 2007 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. Link to comment Share on other sites More sharing options...
Simon Dewsberry Posted July 15, 2007 Author Report Share Posted July 15, 2007 Thank you Gpel That clarifies that one nicely ! Simon Link to comment Share on other sites More sharing options...
Recommended Posts
Archived
This topic is now archived and is closed to further replies.