Imported terms in a tenancy agreement

[roberto]

It is common practice with some letting agents to create a new fixed term AST at the end of an initial AST by importing terms (i.e. both parties do not wish the tenancy to become periodic).

One could either

a) start afresh with a completely new AST (start date, end date, all terms)
b) have a one pager which says : New start date, New end date, we carry over all terms from previous agreement X, and we add or subtract the following couple of terms. The agreement is signed and agreed by the parties.

The question is whether (b) has exactly the same force as (a) and is effectively the same as reiterating the whole agreement.

Do all terms of any contract (whether a tenancy agreement or otherwise) have to be within that contract - it seems to me that if any contract imports terms which exists within a clearly and unambiguously defined external document, that the effect is identical to having included those terms within the document. The reason I am asking is that there seems to be disagreement on another forum, and I thought I would assess the views of folks over here.

[Crazy council]

Re: Imported terms in a tenancy agreement

Hi roberto

I dont quite understand this

It is common practice with some letting agents to create a new fixed term AST at the end of an initial AST by importing terms (i.e. both parties do not wish the tenancy to become periodic).

My experience in these matters is only solid up to 2003/4, although i still have my head in the market.

For a tenancy to end and re-start, you could not just do it on paperwork, the tenant and there belongings have to be out of the house.for 24 hours

The question is whether (b) has exactly the same force as (a) and is effectively the same as reiterating the whole agreement.

I beleive you can add, by consent, terms to the previously agreed tenancy, as long as its not considered that your putting presure on the tenant for unfair terms.

The reason I am asking is that there seems to be disagreement on another forum, and I thought I would assess the views of folks over here.

Take this advice.

Dont mess with contracts after they are in place unless you 100% know what your doing You could make it very hard to evict the tenant if needed. Can i ask, why would you not want the tenancy to turn into a periodic.. It doesn't make a lot of sence unless there is somthing am missing