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Joshua, Lawyer
Category: Law
Satisfied Customers: 26070
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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We've just purchased a buy-to-let property, and have

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We've just purchased a buy-to-let property, and have therefore taken over the tenancy agreement for the tenants in the house (they are university students). Their tenancy agreement runs until the end of June 2015, but the tenants wish to stay until the end of August 2015 (i.e., an extra 2 months). Presumably we should issue the tenants with assured shorthold tenancy agrements for the extra 2 month period? Do we also need to issue a Section 21, and if so do we issue that at the start of the extra 2 month period?
Many thanks in anticipation,
Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience. Would I be correct to assume you are content for them to remain until end August please? I assume this is the case but I ask just to be sure.
Customer: replied 2 years ago.

Hello Joshua,

Yes, we're very content for them to remain until the end of August.

Thank you. There is no need to reissue new AST agreements on this basis as if you do nothing then the existing tenancy simply rolls over on a month-to-month periodic tenancy by virtue of the provisions of the Housing Act on otherwise the same terms as provided for under the existing tenancy. However you may wish to look to ensure that they do vacate at the end of that further period if that is your wish. there are two approaches that you can take in this respect - the first is to serve a s21(1)b notice (if serving the notice during the fixed period of the tenancy and provide for the vacation date - you need to give a minimum of two clear months notice to the tenants for the notice to be valid. The other option which is perhaps the better option is tell the tenants you are quite happy for them to remain in occupation until the agreed date and ask them to give you notice of their wish to surrender their tenancy and their intention to vacate by [date]. The notice is not have to be in any prescribed format providing it contains a clear communication by the tenants to you of the above two points and is signed by all the tenants. The advantage of this approach is that if they remain in occupation, you are entitled to charge them double the rent for any period they remain in occupation beyond the date they notify you will leave by virtue of very old but still very much enforceable piece of legislation known as s18 Distress for Rent Act 1737. Itis not possible to charge double the rent if you serve notice on them and they do not leave. However either way will achieve otherwise the same end but for the advantage of the possibility of double rent if they serve the above notice on you. I assume you are famliar with s21 notices, but you will be aware that they require a very specific prescribed format (s21(1)b notice) in order to be valid and must provide a minimunof two clear months notice if you are serving the notice itself before the expiry of the initial fixed term I hope the above is of assistance? If you have no further questions for now I should be very grateful if you would kindly take a moment to click to rate my service to you today or just reply back to let me know if the above is helpful. Your feedback is important to me. If there is anything else I can help with please reply back to me I'd be very grateful
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