I have a tenant who started a 12 month ast on the 8th of October 2011. I have asked her if she wants to renew her ast with another 12 month ast. If she renews do I have to do anything with her existing bond? It is with the TDS.
It depends. If a new AST is granted beginning on 8 October 2012, you'll need to re-protect T's deposit. If no new AST is granted but T continues to occupy, T then has a Statutory Periodic Tenancy. No deposit re-protection is then needed.
I sent the tenant a letter on the 6th of August asking her if she intends to re-new her ast for another 12 months or if she intends to leave at the end of the contract. I stated that we do not do roll overs but if she needed to end the ast early so long as we can find a tenant to replace her in her notice period we would consider her request for an early termination of ast. I have as of today not had a reply (1o.8.12). So now I am confusd as to where to go next if she continues to ignore my letter.
T has no obligation to reply. You stated that we do not do roll overs but that's irrelevant; s.5 of the 1988 Act turns a fixed-term AST into an SPT, unless one or other party lawfully brings it to an end (which neither has yet done, as far as I can see). If you want to seek vacant possession as at 8 October, you're now too late. Any s.21(1)(b) Notice would have had to be served no later than 7 August, to give T at least two months' advance warning. If you serve a valid Notice under that section, on any date between now and 8 October, it runs for two months from date of service.
