Lease Question

mcko

Quick question, I rented a house to my tenants in 2013 with a 1 year lease, they are still there and we never signed another lease, should I get a new one signed or am I ok to let the tenancy run away, great tenants.

dennyk

No need for a new fixed term lease; they are under a Further Part 4 tenancy at this point. Their current Further Part 4 should end on their tenancy anniversary date in 2023; their initial Part 4 period would have been four years, ending in 2017, and the next would have been six years due to the changes in the law in 2016, thus ending in 2023. If you don't choose to end their tenancy at the end of the current Further Part 4 period, a new Further Part 4 period will begin in 2023 and will extend until 2029 (unless the law happens to change again in the meantime).

Whatever terms they agreed to in their initial tenancy agreement (aside from the duration of the original fixed term, and the rent price, which can be increased periodically via a rent review during a tenancy) would still apply to the tenancy now; there's no need for them to sign anything reaffirming those terms. If you wanted to change any of those terms, you would have to have them sign a new agreement with the new terms in question, but they are not under any obligation to do so, and their refusal to sign off on changes to their current tenancy agreement is not a valid reason to terminate a Part 4 tenancy, so it's very unlikely you'd be able to convince them to agree to more restrictive terms (e.g. prohibiting pets or whatnot) that weren't in their original agreement.