Renewal of tenancy

Hi, i used the openrent tenancy contract. The year is almost up and the tenants are staying. Do I have to provide a new contract, or is the original one still ok? Do I do this through openrent again? If i do have to renew it, would i also need a electric safety cert?
Thanks

Two options:

  1. Do not renew the tenancy and it becomes ‘periodic’. All terms pretty much stay the same. Main difference is on notice period. Some good guidance on Shelter website. You will not need to issue an EICR cert until 1/4/21. If you don’t give the tenants one before that date you will be opening yourself up to difficulties beyond just issuing the EICR.
  2. Renew the tenancy (can be done using Openrent tenancy agreement which is free to download). However you will have to have an EICR in place beforehand which must be given to the tenants immediately along with the other standard docs and paperwork.

I believe the EICR is valid for up to 5 years but can be less is the issuing engineer believes it is appropriate.

What do I do? I always insist on a new tenancy agreement so that everything is well documented for both parties. No charge.

Dear all

I am a landlord and new to the forum discussion. See your discussion about AST renewal.
I am in the same situation. But after clicking on View Tenancy, can’t see the Click to see Renewal Options. Do you know why? Cheers, Julien.

Hi @Stellaod, sorry for the slow reply, I’ve been on hols.

You don’t have to supply a new contract, but many landlords prefer to issue a new contract to keep the tenancy within a ‘fixed term’, and commit parties for another period (e.g. 1 year). Renewing a contract creates a new tenancy, so you will need an electrical safety certificate (EICR) if you don’t already have one.

You can renew a tenancy for free via OpenRent.

Here’s how to renew a tenancy with OpenRent.

Hi Julien @ACF_property_investm,

Did you use Rent Now to create the tenancy? And are you in the last two months of your tenancy’s fixed period? If not, you might not see the renewal option yet.

Email https://www.openrent.co.uk/faq#i-have-more-questions for direct help with renewing your tenancy.

Sam

Dear Sam

Thank you for the clarification. You are right. The AST is not yet in the last two months before expiry. So we will wait a little bit more.

Cheers, Julien.

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Hi, Can I change some things on the renewed contract? I’ve had to move further away and i’d like two months notice rather than one.

Thanks

I always just allow my tenancies to go periodic as it gives you more flexibility with eviction if the tenancy suddenly turns bad, although I recognise that notice periods are long at the moment anyway.

Nilesh, periodic tenancies count as a new tenancy for the purposes of the Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020, so an EICR would be needed immediately if the tenancy becomes periodic.

Hi, yes you can change the terms of the contract when renewing. You do this by using out custom clauses feature, which will be presented to you during the process of renewing.

You can include a new clause saying that the tenant must give two months’ notice, but I’m not sure this would be enforceable for a tenancy with a monthly period. My understanding is that these tenancies only require the tenant to give one month’s notice, even if the contract says two (or more).

Sam

I did not know that David. Thanks. :+1: