Extending tenancy agreement

[Pauly]

Hi all,

Any advice appreciated.

I have tenants who have been at the property for 4 months (they signed a 6 month tenancy agreement).

However, I am keen to get them to sign a new tenancy agreement, rather then let the tenancy become periodic after 6 months.

The tenants currently appear happy with the property, as whilst recently visiting the property they made some sounds to suggest they may want to stay on.

When they originally considered taking on the property they asked if I could let it for 3 months.

So as they are slight commitment phobs, I was thinking of suggesting an option to them of signing a new 6 month tenancy, with 1 month left on the original tenancy agreement (5 months into the original agreement).

If they agreed, would this new tenancy agreement be valid, by making the original tenancy invalid?

All replies welcome

[Chestnut]

I'm no expert, but surely if the new agreement start date for the same tenancy and signatories is earlier than the old expiry then it must supersede and therefore invalidate the old one.

But why would you want to do this? Are you changing the terms in some way?

Normally the start of new would be day after expiry of old.

[Pauly]

No, i'm not changing the terms, ideally I would like the tenants to commit to a new 6 month agreement, but as stated they might not be too keen on staying for another 6 months (Plan A), hence an idea of 5 months, signing a new tenancy agreement 1 month b4 old one expires (plan B ), in effect encouraging them to stay for another 5 months. Or failing that, continuing on a month-to-month, periodic tenancy (plan C).

I just didn't want to appear to be giving them an ultimatum, ie stay for 6 months, which could scare them off, just trying to be flexible but have more security then 1 months notice, which would be the case if it went periodic.

So the question still remains, if I signed a new tenancy agreement before the current one expires, would the new one supersede the current one?

[Chestnut]

Understood.

Yes. You could offer them your Plan B or periodic Plan C, which offers the tenant two months rolling, not one.

You need to check your agreement. I don't think a Landlord can give less than 2 months notice to a tenant.

A tenant may often give less however, leaving the landlord to decide whether to stick out for final rent according to the tenant's notice terms on the agreement, or alternatively let them pay up and go when they wish and get earlier opportunity to relet. In my experience when the tenant wants to terminate the latter is more amicable for both parties.

[Lyndon]

Let them go periodic.

Much less fuss and bother. Why risk pushing them into going?

I have tenants in one of my own flats that have been there for over three years. They started on a six month tenancy!

The law states that tenant need only give landlords two month's notice and the landlord must give the tenant's two month's notice. These cannot be increased via an AST since they are part of Statute Law.