Freeholder disputes legitimacy of RTM’s appointed managing agent?
3 years ago | 6 comments
Advice on tenancy agreement Addendum wording?
9:01 AM, 24th August 2023, 3 years ago
6
Hello, I need to write an addendum to a new tenancy agreement that I got from LawDepot, to reflect the fact the tenant has already paid the security deposit, and am concerned to word it properly. Not sure if anyone can help?
I’ve looked online and got part way – apparently it must be written in the same legal language as the original doc.
Does anyone have any experience of this and tips? Am hoping this may be useful to others, also. This is how it looks so far:
Addendum to Residential Lease Agreement Between [THE LANDLORD] and [THE TENANT] of the 1st September 2023.
Clause 11. Security Deposit
Original “Security Deposit” element of the agreement
On execution of this Agreement, the Tenant will pay the Landlord a security deposit of
£1,500.00 (the “Security Deposit”).
Modifications proposed by this Addendum
[STRUCK THROUGH] On execution of this Agreement, the Tenant will pay the Landlord a security deposit of
£1,500.00 (the “Security Deposit”).
£1,500.00 (the “Security Deposit”) paid by the Tenant on 1 October 2016 and held by the Tenancy Deposit Scheme, certificate code XXXXX.
ALSO…
Less pressing, but I’m also wondering whether Clause 16 can be simplified, to reflect a payment by BACS to the tenant’s bank account. This is how it looks at the moment, unchanged:
16. Within the time period required by the Act after the termination of this tenancy, the Landlord will deliver or post the Security Deposit less any proper deductions or with further demand for payment to: , or at such other place as the Tenant may advise.
Thank you,
Rebecca
Tags:
landlord contract, Shorthold Tenancy Agreements, Tenancy agreement, tenancy agreement addendum
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Member Since January 2020 - Comments: 1102 - Articles: 1
10:34 AM, 24th August 2023, About 3 years ago
You are not likely to get any help unless people can understand what you are trying to achieve by issuing a new agreement in the first place (see the responses to yesterday’s question) and now by trying to circumvent the rules around deposit protection. How can the deposit for a new agreement have been paid and protected 8 years ago?
Member Since October 2020 - Comments: 1178
10:50 AM, 24th August 2023, About 3 years ago
Why are you issuing a new tenancy agreement to an existing tenant? It’s far better to allow the tenancy to continue on a periodic basis.
Member Since January 2015 - Comments: 1450 - Articles: 1
10:59 AM, 24th August 2023, About 3 years ago
As David above has said.
Leave it to roll on to periodic. What type of periodic depends on what the original Tenancy Agreement states, or is silent (statutory periodic).
If the original Tenancy Agreement details that the tenancy will roll over to periodic then should be contractual periodic. My Agreements clearly state “contractual periodic”.
https://painsmith.co.uk/statutory-periodic-vs-contractual-periodic/
Member Since January 2020 - Comments: 1102 - Articles: 1
11:21 AM, 24th August 2023, About 3 years ago
Reply to the comment left by Judith Wordsworth at 24/08/2023 – 10:59
These points were made in response to her post yesterday but she is either not listening or doesn’t understand the implications of what she is doing.
Member Since September 2022 - Comments: 3
8:31 PM, 24th August 2023, About 3 years ago
Apologies, I didn’t see the replies until today. I’ve responded to yesterday’s Seething Landlord comment. Thanks for the advice by the way. There is a logical reason for all of this!
Member Since September 2022 - Comments: 3
9:57 PM, 24th August 2023, About 3 years ago
Reply to the comment left by Seething Landlord at 24/08/2023 – 10:34
I wasn’t trying to circumvent anything, by the way. I’d taken professional advice which may have been wrong and was seeking clarity here. Anyhow, I’ve just been onto the DPS website with the intention of returning the deposit in order to start again with the new agreement, and discovered that there is actually an option to renew it, to go with the proposed new 8-month contract. I’m going to call them in the morning to clarify.