Can I amend my tenants contract as the new landlord?
Sanit asks:
(updated on Friday, May 13th 2011)
Our Experts Answer:
If the sale and purchase agreement included the tenant details you have agreed to take the existing tenant under their existing tenancy agreement. If you want to negotiate a new tenancy agreement you are free to do so, and the tenant is equally free NOT to sign a new agreement.
In this event your rights to terminate the tenancy agreement are the same as if you had always been their landlord: a fixed term agreement cannot be terminated by one party giving notice, and a periodic tenancy requires 90 days’ notice from the landlord.
Similarly, a rent increase must conform with the law: the landlord must give at least 60 days’ notice of an increase, and there must be at least 180 days between rent increases.
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