Tenancy Renewal

JAC Strattons will contact both parties (Landlord and Tenant) to ascertain their intention for renewal two to three months prior to the expiry of your tenancy.

What to expect upon renewal?

Rent

Most commonly, the Landlord will expect to increase the rent upon renewal. At this time we will review the market conditions, taking into consideration the condition, location and current rent of the property. Individual cases will be discussed when the renewal is due. Most negotiations would be influenced by the prevailing market rates. The Retail Price Index can be used as an indicator of potential change. The RPI is published by the Office of National Statistics on a monthly basis and can be found here; http://www.statistics.gov.uk/cci/nugget.asp?id=19

Renewal Term

It is important to consider your desired term, most commonly a 12 month period is agreed, however, you could request a shorter or longer term depending on your preferences. Occasionally one or two month short extensions are negotiable, subject to the Landlord’s agreement.

Break Clauses

  • General Break Clause for Assured Shorthold Tenancies
    Generally, in the first term of your tenancy, it is agreed that the tenant can serve notice a minimum of 30 or 60 days prior to vacating after a specified restriction period. Upon renewal, this restriction on the break clause may reoccur depending on your contract. Please refer to your Tenancy Agreement / Memorandum for reference. A Landlord must serve two months notice to terminate the tenancy to comply with current legislation if there is a break clause in the contract. (There are certain exceptions and some tenancies will not have a break clause in the original contract. Please check with our consultant prior to signing your Tenancy Agreement).
  • Business Break Clause for Company lets and Contractual Tenancies
    Upon renewal, the 6 months restriction applicable in the first term will not in most cases be reinstated. However, this restriction on the break clause may reoccur depending on negotiation at the commencement of the tenancy or at the renewal point. Please refer to the original Tenancy Agreement or most recent renewal memorandum. If you have a business break clause, corporate tenants can terminate anytime during the tenancy for reasons specified in the business break clause only. Tenants are not eligible to terminate for any other reason other than those specified in the agreement, and it is unlikely a Landlord will have the option to terminate the tenancy prior to its expiry.
  • Option to Renew
    On occasion, the Tenancy Agreement will contain an ‘Option to Renew’. The consequence of this clause is that the tenant will have the option to extend the contract for a further term. Often, the Option to Renew will stipulate the number of times that the tenant can exercise this clause, usually between one and three years. The Landlord cannot serve notice to terminate the tenancy at any time whilst the Option to Renew is in place. However, the clause will stipulate for the rent to increase by the prevailing RPI.

Other factors

Tenants are responsible for informing the Landlord of any damage, repairs and maintenance matters that may occur over the course of the tenancy. They are required to report these to Landlords promptly in order to avoid potential long term consequences. If you have requests not of an urgent matter, you can propose such repairs or replacements upon renewal, prior to negotiations with your Landlord, as such issues may influence the renewal process.

Example of Renewal Procedure

  1. Tenancy starts 1st April 2012
  2. Renewal reminder is sent to both parties two - three months in advance.
  3. Open negotiations (rent, break clause etc.)
  4. Upon agreement of terms, the renewal memorandum is drawn and sent to both parties for signature
  5. Both documents returned to JAC Strattons, dated and exchanged.
If you have any queries regarding your renewal process, please do not hesitate to contact us.Tenancy Renewal Team (Mon-Fri 9:00 ~ 18:00)
T: 020 8349 5010
E: cmd@jacstrattons.com
316 Regents Park Road, Finchley, London N3 2JX