Law depot tenancy agreement?

If it is in your mutual best interests for the tenant to leave as soon as she can find somewhere else to live, why do you want to tie her into a six-month fixed term? Is there any reason why you cannot simply increase the rent under the existing tenancy?

I’m with Seething Landlord – what are you trying to achieve? If the current agreement is periodic, either of you can end it (on notice, of course). If youi go into a new fixed term you’re stuck with that as a minimum. You wil also need to redo all the compliance stuff so will have to read carefully.

You could agree a rent review using a memorandum,, not a new agreement.

Better for you to just let the tenancy go periodic and use a s13 notice to increase the rent, (assuming that there is no rent review clause in the contract).

New agreement means re-serving all the prescribed information -EICR, How To Rent Guide, Gas Cert, EPC, and returning and re-protecting deposit.

Letting it go stat periodic and serving a Section 13 Notice for the rent increase is much easier and less work.

Reply to the comment left by Seething Landlord at 22/08/2023 – 11:09
Hi – the intention is much more to give her plenty of time to find somewhere else before my mortgage interest rate rises in the summer. We agreed to discuss again at the end of February to see whether a: she might be able to pay more rent after all when the mortgage rate rises or
b: I might be able to charge less.
I’m happy for her to leave at any point before the end of the contract, as I will be able to re-rent the flat at a better price – and she’s aware of that.
There’s no need for her to leave before the end of April – actually 8 months time, so I’m doing an 8-month agreement. She’s happy with this arrangement. I wanted to avoid a situation where I asked for rent rise which she couldn’t afford and refused to pay, and got into a situation of having to give her much less notice to go, especially in light of the forthcoming Renters Reform Bill.
She’s on a periodic tenancy now. As such, I didn’t realise I’d have to return and reclaim the deposit, but if this has to happen, so be it. Re-issuing the other documentation isn’t a problem – however, thanks for the guidance.

You can give her as long as you like on a periodic tenancy. One of mine has been on one for 10 years now. However it gives you no flexibility if you issue a replacement tenancy.

I’ve been wondering too about why the OP wants to enter a new fixed term agreement. There is no benefit to the landlord in this.

The landlord needs to be sure to understand that whether or no the tenancy is fixed term or periodic, the notice procedure is the same and neither guarantees the tenant leaving on a particular day.

Knowing that the landlord wants the house back at some point, the best thing it to leave the tenancy on a periodic basis.

It’s a mystery to me as well. The reasons she has given do not seem to make any sense but I get the impression that her mind is made up. I just hope that she is not assuming that a new fixed term of 8 months will guarantee possession if she requires it at the end of that period.