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  • #1

    New tenancy, long term tennant

    One for Plan B
    I am a long term tenant in private rented accom, been there since 2003. I know my bond is not currently 'protected' in one of the schemes. yesterday my LL called to say that as of now she has to use one of the schemes and at the same time she would like me to sign a new 6 month AST. I am currently on a rolling agreement. The new AST will have the same T&C's as my old one .

    Is there any reason why I shouldn't sign a new agreement or is it in my best interest to stay on a rolling tenancy. I have no intention of moving in the next year at least and probably a lot longer
    Tags: april, bond, con, contract, court, deposits, help, increase, interest, landlords, law, legal, living, paid, private, rac, rent, schemes, security, stay, supreme court
  • #2
    Re: New tenancy, long term tennant

    Hi Pat, I would guess that depends on if you wish to continue living there, but PlanB is the expert so best to see what she says (after her hangover has gone!)
    Cheers
    When Gold isn't enough, there is SA Gold! New to the forum and find the UE route a bit scary? Take a look at my diary here and judge for yourself. I am now saving the money each month that was making little difference to the balance and not a bit of difference to my credit file as a result of finding AAD.


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    • #3
      Re: New tenancy, long term tennant

      If your tenancy started in 2003 there was no legal need to insure your deposit at that time because the statutory requirement didn't kick in until April 2007.

      Since then there has been Supreme Court case law which says a rolling contract was in effect a "new" tenancy agreement and so any previously paid deposit should be protected. Then there was even more case law (Supreme Court again) which basically said "oh no you don't".

      The upshot is Landlords feel safer issuing new ASTs and protecting deposits so as not to fall foul of the muddled case law (even more in the pipeline). I'm guessing this is what is running through your Landlord's mind right now.

      If you've no intention of moving in the next 12 months then consider whether a new AST would actually be to your advantage. If you don't sign up for one then your Landlord can give you 2 months/8 weeks notice any day under section 21 and you'll be out on your ear with no legal argument to help you.

      If you don't want to move for at least a year then why not ask for a 12 month AST with a break clause at 6 months in case you change your mind.

      Is the Landlord suggesting a rent increase?

      Plan B x

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      • #4
        Re: New tenancy, long term tennant

        Thanks PlanB. There is no rent increase and the contract looks identical to the one I signed all those years ago. As you say it will give me more security so I will be signing it. Thanks for the explanation as my LL didn't really explain it well

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