My situation is quite dynamic.
I’ve just increased the rent, the first time in 3 years. This was agreed with the tenant and she has already paid the first rent increase to me. She has an Assured Shorthand Tenancy and been in the flat for 2 years now.
With the new rules coming into play on May 1st. I thought it best to change the rent in the agreement. A new one was written up and signed by the tenant. I am now hesitating to sign it.
I’ve decided to sell the flat. The new agreement has a mandatory break clause of 4 months, the old agreement has a two month notice period on my side. I understand that all Assured Shorthand Tenancies automatically become Periodic Tenancies on My 1st. They automatically have a two month notice period baked in.
My question is this; if I sign the new agreement, can I give the tenant 2 months notice? (even though it says 4 months in the agreement) it will become 2 months in May anyway.
Thanks for any help
From May the 2 month notice period applies to tenant giving notice. A landlord using selling as reason for notice has to give 4 months notice. This is only a notice to leave, if tenants choose not to leave it is likely to take a lot longer to evict via courts.
What’s in your new agreement is largrly irrelevant and will be superceded by RRA. There is no point doing one at this stage.
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As I understand it. If I give notice now (without signing a new rental agreement) I can give the tenant 2 months notice to leave. Isn’t that right?
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Yes, provided it is done by end of april and you meet the section 21 requirements in terms of required documentation.
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Thanks. But then if I sign the new Assured Shorthand Tenancy, stipulating the increased rent and with the 4 month break clause, I would have to honour the break clause even though it automatically becomes a Periodic tenancy on May 1st. Right?
The reason I’m even considering signing the new agreement is that I have confirmation of a higher rent. This might be useful when I trying to sell
I think it may be even worse if you sign a new contract as there is a 12 month ban on using the sale reason for eviction so you wouldnt be able to sell for 12 months from the start of the new contract. This part is carried over after rra comes into force on 1 may.
The increased rent becomes the new legal rent once it has been paid. You dont need a new contract so dont sign it. You could potentially have an issue that it isnt a legal requirementbto sign a contract so tenant could argue the tenancy you offered is already in force.
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@Robert41
Don’t sign totally unnecessary.
Why not just increase the rent in the existing tenancy. You don’t need a new agreement at all to increase rents. If you don’t understand that maybe get some LL training?
Just agree the rent increase in writing by exchange of email or other correspondence. Sounds like you’ve done that already so no further action needed
Use a s13 too for the existing tenancy agreement if you like but it’s not essential. You have evidence the rent increase has been agreed as already paid.
And if you sign new agreement, no you don’t have to ‘honour’ the break clause from 1 may it becomes null and void due to RRA. But as RRA gets rid of s21 you will need to use the s8 grounds about selling which means giving 4 months notice. Any clauses you have about being able to give 2 months notice will also be invalid. Under RRA tenant has to give 2 months notice (ending at end of a rental period) but LL has to use a s8 ground to repossess and the one for selling requires giving 4 months notice
Instead give 2 months plus a few days notice now (before 1 may) with a valid s21 as well as the 2 month notice in current agreement. A valid s21 is still valid after 1 may (application to court to possess if they don’t move out must be by 31 july) but your 2 months notice under current agreement may not be valid then.
Good luck
Thanks very much for the info. 
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If the tenant has signed the new agreement, then its almost certainly in force already.
Opinion on s8 ground 1A seems to vary as to whether the 12 month qualifying period applies to the original tenancy or the most recent. It may therefore be the case that you cant use it for another year. This doesnt apply to s21, where the prohibition on using it for the first 4 months only applies to the original tenancy.
@David122
well @Robert41 thinks not in force yet (otherwise there is no issue about signing or not). He needs to check with a lawyer but if not in force and still original ast then s21 before 1st May will be quickest.
If there was no need to sign a contract for it to be in force why would there be any need to sign it? It doesn’t make sense. I’m not clear why an unsigned contract would be in force till all parties have signed but @Robert41 will need legal advice.
Best
A binding contract requires an offer ( which landlord has made by sending new contract) an acceptance (which tenant has done by signing) and consideration (as tenant has paid rent this would be met).
A contract doesnt need to be in writing so there can be no official requirement for signatures providing the above requirements are met. There are a couple of other points required such as capacity but these would also be met.
@Richard19 thanks
In that case @Robert41 seems like no issue about signing new contract, as @David122 and @Richard19 indicate, it’s likely already in force.
@Robert41
Worth considering if you can use any existing s8 grounds in particular whether you need to move in (perhaps you would want to do that while preparing the place for sale) which has 2 month notice and can be used irrespective of the fixed period of new agreement. Like a valid s21 a valid s8 before 1 may will still be valid after
Good luck