nataliejayne Posted April 8, 2013 Report Share Posted April 8, 2013 Hi everyone! I had a 24 month agreement with 12 months break clause. I recently served notice to exercise 12 month break clause, because of a disagreement with the tenant. The notice has still not expired and the tenant is still in the property but it seems like we may be able to resolve the issue. I have decided to let the tenant stay longer but i don't want to be tied up in a long contract. I have served a section 21 notice exercising the 12months' break clause but we have agreed tenant can now stay longer. Does that mean that tenancy is now automatically periodic or should i draw up a new tenancy. And would the new tenancy in such a case be periodic and month by month or would that give the tenant a right to stay for another 6 months as a anew tenancy. I hope I was able to explain clearly. Thanks Link to comment Share on other sites More sharing options...
Grampa Posted April 8, 2013 Report Share Posted April 8, 2013 A S21 is unconditional so as you have come to a agreement allowing the tenant to stay it is now invalid. Note: A s21 doesnt end a tenancy. Link to comment Share on other sites More sharing options...
nataliejayne Posted April 9, 2013 Author Report Share Posted April 9, 2013 A S21 is unconditional so as you have come to a agreement allowing the tenant to stay it is now invalid. Note: A s21 doesnt end a tenancy. So can i not end this 24 month tenancy now while i can exercise the break clause at 12 month? And may be sign a new tenancy agreement for shorter length of say 6 months? Link to comment Share on other sites More sharing options...
Mortitia Posted April 9, 2013 Report Share Posted April 9, 2013 If you end the tenancy at the 6 month break clause make sure you get a deed of surrender from the tenant before entering into another 6 month AST. Link to comment Share on other sites More sharing options...
Grampa Posted April 10, 2013 Report Share Posted April 10, 2013 Any new tenancy signed will invalidate the previous one if all parties agree. A deed of surender of the current one is a good to have as well. Link to comment Share on other sites More sharing options...
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