End of AST - periodic tenancy

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  • End of AST - periodic tenancy

    Hi,

    I am the landlord of a tenanted property under an AST which expires on 31 May 2008. Both the tenant and I would like the tenancy to continue beyond this point and I understand that it will do so automatically as a periodic tenancy unless either of us takes action to avert this.

    Can you advise whether it is possible to vary the terms of the periodic tenancy as compared with the existing AST? In particular, can the landlord increase the rent under the periodic tenancy, or does a new AST need to be agreed in order to do this?

    Generally, other than the giving of notice, do the landlord and tenant have the same rights and obligations under the periodic tenancy as under the original AST?

    Finally, I understand there is no prescribed form or required form of words for a landlord to give a section 21 notice under a periodic tenancy ?

    thanks in advance for your help,

    MartMatt

  • #2
    1. Rent can be increased under s.13 of 1988 Act. L serves Notice in prescribed form.
    2. Statutory periodic tenancy is governed by s.6. Its terms are as during fixed term unless L serves a Notice under s.6(2) proposing alterations- which can include rent increase.
    3. Notice under s.21(4)(a) does not have to be in a particular form, although it's always a good idea to use such forms, as long as it complies with the section- esp. re dates.
    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
    4. *- Contact info: click on my name (blue-highlight link).

    Comment


    • #3
      Thanks

      Jeffrey,

      thanks very much for your prompt reply.

      kind regads,
      MartMatt

      Comment


      • #4
        Message for Jeffrey - End of AST/periodic tenancy ctd.

        Jeffrey,

        a further question re: expiry of AST:

        Both our tenant and ourselves as landlord want to agree to a minimum of a three month extension (possibly extendable again thereafter) to our current AST when it expires at the end of May. However as landlord we obviously want to avoid the situation where our tenant agrees now to a three-month extension but then - entirely legally under a staututory periodic tenancy - gives one month's notice very soon in the three months extension, thereby leaving "early".

        So, upon expiration of an AST, is a legal tenancy possible for a fixed term of more than one period (in our case for a minimum of a further three months, even though the rent period is one month) ? Or are (a) a periodic tenancy or (b) a new AST (minimum six months) the only possible solutions?


        thanks in advance,
        MartMatt

        Comment


        • #5
          Originally posted by martmatt View Post
          Upon expiration of an AST, is a legal tenancy possible for a fixed term of more than one period (in our case for a minimum of a further three months, even though the rent period is one month) ? Or are (a) a periodic tenancy or (b) a new AST (minimum six months) the only possible solutions?
          The renewal term can be as long or short as both parties want.
          Both are bound by it, neither has any right to terminate it early (except L, if under s.8), and the six-month rule will not apply: see s.21(5), under which the rule operates only in the first six months of tenancy relationship of those self-same L/T/property.
          JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
          1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
          2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
          3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
          4. *- Contact info: click on my name (blue-highlight link).

          Comment


          • #6
            Expiration of AST

            so this will be a renewal of the existing AST, rather than any form of one-off periodic tenancy? If so presuambly the renewal can be renewed subsequently any number of times in the future if desired?

            Finally are there any formalites for the renewal? Can we just agree by signed letter or do we need to re-issue/endorse the original AST?

            kind regards,
            MartMatt

            Comment


            • #7
              A renewal Tenancy Agreement has to comply with the formalities of a new letting, but it can be a shorter document (i.e. incorporating most of the original's text by cross-reference).
              JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
              1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
              2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
              3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
              4. *- Contact info: click on my name (blue-highlight link).

              Comment


              • #8
                Renewal of AST

                thanks for your reply Jeffrey.

                Comment

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