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Vineet S
Vineet S,
Category: Property Law
Satisfied Customers: 979
Experience:  Freelance Solicitor at Self Employed
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Vineet I have an existing AST which will expire in September

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Hi VineetI have an existing AST which will expire in September this year. My partner deals with our tenancies and used to renew/extend the AST using a single page supplementary agreement. However the single page document is no longer permitted and a new agreement for an AST is now requiredWould this agreement be considered as an extension to the existing AST or a new tenancy
agreement
ThanksRichard

Morning Richard,

Thank you for your question.I will get back to you with my answer shortly.

Many Thanks.

Thank you for your patience.

That would be a new tenancy agreement.

If you need further assistance, please let me know.

&

If that answers your question, Kindly remember to rate my service by selecting the 5 stars at the top of your screen before you leave JA today,

Customer: replied 2 months ago.
In that case if it is a new tenancy agreement would all the documents eg Gas Certificate, How to rent book, EPC etc need to be provided to the tenant (even though he would have received these before he started the existing AST) and would the smoke alarms have to be tested on the first day of the tenancy

It would be considered as ongoing tenancy( rolling agreement), if no new agreement is signed, then you would have to comply with all those requirements including the new electrical inspection and testing for all new tenancies from July 2020,

If you have any follow-up questions , please let me know

Customer: replied 2 months ago.
I understand that if no new agreement is signed it would be a rolling agreement (a periodic tenancy??) but you appear to be saying that if no agreement is signed I would have to comply with all the requirements. Sorry but not clear

Apologies for not making it clear and causing confusion.

It would be considered as ongoing tenancy( rolling agreement), if no new agreement is signed, then you would not have to comply with all those requirements including the new electrical inspection and testing for all new tenancies from July 2020,

Typing error caused that confusion.

If no new agreement is signed, then it would be ongoing rolling tenancy, that would mean you do not have to comply with the regulations regarding the new tenancies.

However, if you sign any new agreement, even if you name it as Extention to existing tenancy, you would have to comply with all regulations, as it would be deemed to be a new fixed-term tenancy

Please let me know if you need further assistance.

Customer: replied 2 months ago.
Many thanks and I ill rate you 5 again. Regards

From October 2015, where tenancies in England are “renewed” (this does NOT include tenancies that roll onto a periodic tenancy), the landlord must serve the following:

How to Rent booklet

Gas Safety Certificate

Energy performance certificate

It has been my pleasure to assist you.

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Thank you and all the best.

Customer: replied 2 months ago.
Sorry I have another question. If the documents etc. need to be served BEFORE the tenant takes occupation how can we do this if he is already in occupation

your current tenancy is expiring in Sept, so after this current tenancy expires and at the start of the new tenancy, you have to serve these docs.

If you need further assistance, please let me know.

If that answers your question, Kindly remember to rate my service by selecting the 5 stars at the top of your screen before you leave JA today.

Thank you and all the best.

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