Is a Periodic Tenancy a 'New' Tenancy as far as issuing paperwork is concerned?

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    Is a Periodic Tenancy a 'New' Tenancy as far as issuing paperwork is concerned?

    Hi all,

    I am hoping for some clarification about paperwork required when a AST becomes periodic. Does this count as a 'new' tenancy in terms of issuing paperwork? My agent says not but I have read stuff about EPCs that suggests that rolling the paperwork over from the original AST is not acceptable. And what happens if the EPC runs out during the original AST - do I need a new one or is the original one OK because it was valid at the beginning of the AST or do I need a new one because the Periodic tenancy is a 'new' tenancy?

    I understand there are 2 types - contractual & statutory - does this make any difference?

    Thanks

    #2
    The relevant difference between a contractual tenancy and a statutory tenancy is that a contractual periodic tenancy isn't a new tenancy, the original continues and all of the terms are the same, while a statutory periodic tenancy is a new tenancy with most of the terms the same.

    The obligations relating to paperwork are all slightly different.
    However, the requirements for the Gas Safety Certificate and an EPC are there for a new periodic tenancy.

    If the EPC expired before the periodic tenancy began you should have had the property re-assessed and the new EPC given to the tenant.
    You can probably do this now if that has happened.

    If the property is reassessed and falls below an E rating, that's going to be a problem.

    Refer your agent to The Assured Shorthold Tenancy Notices and Prescribed Requirements (England) Regulations 2015, section 2, which doesn't contain any exemption for replacement tenancies (while section 3 does).

    To be fair to your agent, the reason I know this is because I also got it wrong several times here.
    When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
    Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

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      #3
      Thank you jpkeates - that is very helpful. It is so difficult to read these legal documents you sometimes wonder whether you have actually understood it correctly!

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        #4
        don't forget that if there's been a new How to Rent booklet published (and there have been three in the last three months) since the beginning of your fixed term, you also have to provide the latest edition when the SPT starts.

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          #5
          Thanks for that - easily missed!

          My agent has come back with advice from their ARLA legal advice line that nothing needs to be re-served! My agent will serve the notices to my properties if I request it, but they will continue to just roll everyone else onto statutory periodic tenancies with no additional paperwork.

          How can we read the same documents & come up with different answers? It is no wonder LLs get it wrong sometimes!

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            #6
            My ex-agent said the same thing. What they do in practice is, if you need to serve a S21 notice, they'll issue all paperwork that they did at the start of the AST again (EPC, GSC, How to Rent) and that will then mean it is valid. However, according to the letter of the law, the H2R leaflet should be issued at the start of the SPT because it's a new tenancy if it's a different version from the one issued at the start of the fixed term. That makes sense, because a How to Rent leaflet is pretty useless to a tenant facing losing their home as opposed to when they start renting one.

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              #7
              Originally posted by tatemono View Post
              ...a How to Rent leaflet is pretty useless to a tenant facing losing their home as opposed to when they start renting one.
              It's pretty useless to the then too as they are only usually served the document just before signing the contract

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                #8
                well there's plenty of info in it about living in a rented property...

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                  #9
                  Originally posted by DPT57 View Post

                  It's pretty useless to the then too as they are only usually served the document just before signing the contract
                  But if they are served it, then they may recall that it exists when they are looking for their next tenancy.
                  And they might tell their friend who is looking to rent for the first time.

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                    #10
                    And it does give landlord's an opportunity to learn something about their own responsibilities.
                    When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                    Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                    Comment

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