Renewing a Lease

[arieswoman]

I am the tenant of an Assured Shorthold Tenancy Agreement which expires end of December this year. This is the second Agreement on this house - as the agent prefers to issue a new one annually and receive commissiion.

My landlord has now decided that she doesn't want to use the agency again (as I'm a good tenant) and said she would obtain a new lease from WH Smiths for us for the next year. Now my understanding is that our existing lease can just continue even though it states an expiry date to and including 29th December 2011 - with all the terms therein contained still being valid. Is this the case?

Secondly, she has increased the rent - to which I have agreed - so to reflect this can I just type a 1 page addendum which states that the rent has been increased, effective 30 Dec 2011 etc., with both of our signatures. Is this necessary? and would it be legal?

Any help gratefully received.

[EvianBaby]

I had exactly the same thing with our renewal this year. I assume your landlady will make the contract effective from the date the current one ends? If so then your current contract remains valid until that date.

The contract should state the amount due and on what date. I'd be surprised if she didn't include that herself.

[arieswoman]

Hi Evian, Yes I realise that my existing lease is still valid untl 29 Dec. I think you've misunderstood my post. Rather than her buy a blank lease from W H Smiths and then fill in all the details to make a new lease - I feel it's possible to allow the existing lease to run on indefinitely. However I feel - to safeguard her interests - we need to reflect the increase in rent - and was asking if this can be done by a one page addendum. I want to be able to tell her that this is all we need to do and that it will still be legal. But thought I should ask here first to check this is correct.

[themas]

There is a difference between a new tenancy - which would commit both of you for 12 months unless it contained an early termination clause - & the existing tenancy continuing. With the latter it becomes a periodic tenancy from the 29.12.11 & the landlord can give you 2 montrhs notice to quit (ending on a rent day) at any time; you can terminate by giving 1 mths notice. If you are both happy about this then go ahead on that basis & just type up something about the rent increase.