What counts as a new tenancy?
Hello, The government states that landlord must ensure that smoke and CO2 alarms are tested and are in working order at the start of a new tenancy.
It states that a renewed of previous tenancy does not count as a new tenancy.
I normally renew with my tenants a new fixed term tenancy agreement when the existing one comes to the end. This involved a new agreement signed.
In this case, does the renewed fixed term count as a new tenancy and that the alarms need to be tested when the new fixed term starts?
Thank you.
Angela
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Member Since October 2013 - Comments: 1311 - Articles: 10
12:34 PM, 22nd September 2022, About 4 years ago
I believe that a new tenancy is created when a new AST is signed, and when a fixed term AST becomes a “statutory periodic tenancy” (i.e. is just left to “roll over” into a monthly periodic tenancy).
However, if your AST has a clause that makes it a “contractual periodic tenancy” upon the expiration of the fixed term, then it is a continuation of the existing tenancy, not a new tenancy.
Whether the same definitions apply to any particular set of new legislation, would presumably be in the small print of the legislation itself (and any subsequent case law).
Member Since January 2015 - Comments: 1447 - Articles: 1
1:08 PM, 22nd September 2022, About 4 years ago
Why not just test the CO2 detector and smoke/heat alarm on your inspections?
Member Since June 2022 - Comments: 111
1:13 PM, 22nd September 2022, About 4 years ago
Just fit a CO Detector now!!! You’re going to have to at some point.
Member Since September 2022 - Comments: 27
3:19 PM, 22nd September 2022, About 4 years ago
Reply to the comment left by David Smith at 22/09/2022 – 13:13
Hi,
Sorry for I didn’t make it clear in my post.
I have both alarms already installed and tested on the first day when tenants moved in.
However I’m unclear whether I need to test them again upon signing a renewed fixed tenancy agreement with the existing tenants.
If so then it means whenever the new fixed term begins I will have to visit the property and test them again!!
Member Since June 2022 - Comments: 111
4:19 PM, 22nd September 2022, About 4 years ago
Sorry not sure on the answer now.
But at a guess I would say no!!! Because the Spirit of the new legislation is for new occupiers.
Member Since September 2022 - Comments: 27
7:27 AM, 23rd September 2022, About 4 years ago
Reply to the comment left by David Smith at 22/09/2022 – 16:19
So much ambiguity with the legislation.
Just don’t want to travel all the way for pressing two buttons…
Member Since September 2022 - Comments: 27
8:08 AM, 23rd September 2022, About 4 years ago
Reply to the comment left by Robert M at 22/09/2022 – 12:34
Thank you.
It sounds like will have to travel down to press the buttons on the day of new term starting.
Member Since September 2022 - Comments: 27
8:08 AM, 23rd September 2022, About 4 years ago
Reply to the comment left by Judith Wordsworth at 22/09/2022 – 13:08
Yes but not sure whether is has to be on the day when the new term starts…
Member Since October 2020 - Comments: 1174
1:53 PM, 4th October 2022, About 4 years ago
A replacement tenancy where the property, tenants and landlord are the same would not need the alarms tested on day 1 as per the legislation. However, the recent changes to the smoke and CO alarms regulations effectively means that all alarms should be tested at each periodic inspection to demonstrate compliance with the requirements.