Hi I wonder if anyone could kindly help. With my tenants, I have a standard assured short term tenancy agreement with the Open Rent contract which after 6 months moved to a rolling contract. The tenants have now been in place for 12 months and I have advised them of a rent increase ( still considerably below the market rate) as they are good tenants and I have a guarantor in place which gives me additional comfort. I have asked the tenants to arrange for the guarantor to email me with confirmation that they are aware the rent has increased. The tenants have come back and stated that under clause 15.1 of the assured short term tenancy contract that all parties signed it states the ‘guarantor will pay the rent ( including any variations to an increase in rent’ so the guarantor does not need to send an acknowledgment to me ….but my question is whether this clause remains in place as the initial ‘assured short term tenancy contract’ was superseded by the rolling contract……really appreciate your kind help.thanks
If the AST became contractual periodic after the initial 6 month term then its all one continuous tenancy, in which case all the provisions of the TA apply. If it became statutory periodic, then it depends on how legally robust the wording is stating that the obligations continue into any replacement tenancy.
Thank you …much appreciated….it’s just the stand Open Rent AST contract
Check with them, but I believe that OR use a contractual periodic tenancy template.