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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Two months back I have purchased a house with insitu tenants

Resolved Question:

Two months back I have purchased a house with insitu tenants with assured short hold tenancy agreement. I prefer to make a new short hold tenancy agreement with the same tenants with the same condition as me as the Land lord, and the tenants are happy with it. 1. Do I have to complete any other formalities other than having a new assured short hold tenancy agreement? I mean do I have to get a declaration of surrender of tenancy from the tenant along with the new tenancy agreement? Or anything else? 2. If declaration of surrender of tenancy or anything else is required, I need the draft copy of those. ( I have the copy of assured short hold tenancy agreement)

Submitted: 3 years ago.
Category: Property Law
Expert:  Ash replied 3 years ago.

Alex Watts : Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : Do you know if the deposit is protected please?
Customer:

I have not protected the deposit yet. The deposit has been transferred to me along with the purchase I am planning to protect it now

Alex Watts : It is a new landlord so technically the old agreement ends on the day you complete.
Alex Watts : Therefore notice should have been given and a new contract signed.
Alex Watts : If notice has not been given then give it now.
Alex Watts : The tenant can then sign a new contract with you.
Alex Watts : The old agreement is void because that landlord no longer exists and there is no contract.
Alex Watts : You just get the tenant to sign a new agreement, protect the deposit and you are good to go.
Alex Watts : Can I clarify anything for you about this today please?
Customer:

If I make a new contract now is it necessary to give the notice, tenants are happy to sign the new contract with out notice. If the tenants gives a declaration of surrender of tenancy for the previous contract from the date of new contract will that be fine.

Alex Watts : Ok, in that case if they are happy do that.
Alex Watts : Just protect the deposit.
Alex Watts : Does that help?
Customer:

Yes Thanks do you have any formats for declaration for Surrender of tenancy

Alex Watts : I don't. It if they do not object keep it simple.
Alex Watts : You can get templates off sites such as www.simply-docs.co.uk
Alex Watts : Can I clarify anything?
Customer:

Declaration of Surrender of Tenancy


 


This Declaration of Surrender is dated


 


Landlord ……………………………. from 10 May 2010 to 19 December 2013 (Previous land lord )


 


………………. …………………. Since 19 December 2013 , ( current landlord)


Of


 


Tenant


 


Of


 


Tenancy: Assured Shorthold Tenancy


 


A tenancy of the Property created by a tenancy agreement dated


10 May 2010 at was made between the Landlord and the Tenant.


 


DECLARATION


 


The Tenant(s) hereby agrees to surrender and yield up the Tenancy, such surrender


being irrevocable and unconditional, to take place from and including the date of this


Declaration.


 


Tenants release and discharge Landlord from all liabilities arising under the


Tenancy or (other than this agreement) any other document or any variation of the


terms of the tenancy .


 


 


 


 


 


Signed by the Tenant(s): ………………….………………….


 


 


 


 


Witnessed by


 


Witness Signature:


 


Name: …………………………………………………


 


Address: ………………………………………………

Customer:

I have taken the above from net is it fine

Alex Watts : Yes that is fine.
Customer:

I am planning to have the new contract from 28 Feb 2014 is that fine or do I have to do it immediately

Alex Watts : That is fine because technically the tenant has no contract now.
Customer:

Thanks

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