Contractual term in fixed-term and periodic tenancy

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  • Joshuaped
    started a topic Contractual term in fixed-term and periodic tenancy

    Contractual term in fixed-term and periodic tenancy

    Dear all,

    I have just finished a 2 year tenancy (Dec 2016 to Nov 2018).
    Specifically, the fixed-term period was the initial three months from Dec 2016 to Feb 2017 (one tenancy agreement for three months). Then, from Feb 2017 onwards, the tenancy changed to a monthly rolling contract, in which I signed a new tenancy agreement every month.

    Specifically, the fixed-term tenancy agreement was slightly more detailed than the monthly rolling tenancy agreement. My question, is therefore, whether clauses in the fixed-term still apply to that of the rolling period, as I've actually signed a new less-detailed tenancy agreement every month, with dates clearly specified for that particular month, during the rolling period.

    One of the miscellaneous provision in the monthly rolling contract, read as follows: "This document constitutes the entirely of the agreement between the parties and the terms of the Short-Term Let. It supersedes any prior representations which may have been made, whether orally or in writing. Any modification to this Agreement or the Terms of the Short Term let must be made in writing and signed by both the Property Owner and the guest"

    Therefore, it seems that the any clauses in the fixed-term period do not apply anymore, as I signed a new agreement every month during the rolling period, with the clause stated above.

    I would be grateful for your insight.

  • MdeB
    replied
    Originally posted by Lawcruncher View Post
    Whoever came up with the idea of signing a new agreement every month is either a complete duffer or has spotted something the rest of us have missed.
    I read a post on another site where a LL thought that by signing a new agreement every month meant that the tenancy could be ended with one month's notice.

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  • loanarranger
    replied
    Whilst a one month AST is legal , one item has been overlooked if the actual property is in Mortgage; Lenders require a minimum of 6 months to be put in place and if deemed appropriate allow it to revert to a Periodic agreement, if subsequently a new AST is required by the Landlord then this must be for a minimum of 6 months.

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  • Lawcruncher
    replied
    Whoever came up with the idea of signing a new agreement every month is either a complete duffer or has spotted something the rest of us have missed.

    Leave a comment:


  • KTC
    replied
    It's not so much confusion as suprise. Signing a new agreement every month is not a usual thing to happen with tenancy.

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  • Joshuaped
    replied
    Thank you very much for all your answers.

    To clarify with 'mariner' specifically, yes, I signed a new contract every month after the initial three months fixed-term contract; I am not sure what confusion is?

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  • mariner
    replied
    I doubt OP signed a new AST each month after end of 3 month fixed term!

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  • KTC
    replied
    There's no minimum length for AST since January 1997.

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  • Jon66
    replied
    Can you even have a one month ast? Surely the minimum term has to be 2 months?

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  • DPT57
    replied
    I can't think of any upside for the landlord in doing this and potentially its incredibly stupid for reasons of notice period, service of documents, deposit requirements etc. If this is for a failure to correctly protect the original deposit then please keep us posted on the eventual outcome as I am sure we would all like to know whether the judge awards a penalty for each new tenancy!

    Leave a comment:


  • MdeB
    replied
    Hmm. Sounds like a dodgy LL or agent.

    From the given wording, it would appear that no prior agreement has any standing.

    If a new tenancy agreement was signed each month, then that created a new tenancy.
    That may have given the LL issues with deposit protection rules.

    What is the reason for your enquiry?

    Leave a comment:


  • KTC
    replied
    I think you're right.

    What's the underlying reason for the question?

    Leave a comment:

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