6 months AST and thereafter monthly contractual periodic tenanct

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    6 months AST and thereafter monthly contractual periodic tenanct

    Hi, I have a request from a tenant for a 6month AST, and thereafter for a monthly contractual periodic tenancy subject to same terms and conditions.

    theyre going to be paying the first 6 months upfront and thereafter want to pay monthly.

    on the default AST template im using it says that if the tenancy becomes periodic the landlord would have to serve 2 months notice and the tenant 1 month. Is it permissible for me to make it 2 months by either party?

    as some websites state that if they pay monthly they would only need to give 1 months notice. Which is not great. But then I read it's easier to evict on a periodic?

    appreciate any advice thanks

    #2
    No it would be an unenforeable clause if you put that in your contract. If you want to insist on 2 months from the tenant then join NRLA and use their model AST, which is a contractual periodic tenancy agreement and you can specify the notice period.

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      #3
      "..on the default AST template im using it says that if the tenancy becomes periodic the landlord would have to serve 2 months notice and the tenant 1 month."

      The template you are using should be burned in the public market place by the public hangman.

      The contractual period of notice for landlord and tenant must be the same for both parties otherwise the grant of the tenancy is void.

      Comment


        #4
        Originally posted by DPT57 View Post
        No it would be an unenforeable clause if you put that in your contract. If you want to insist on 2 months from the tenant then join NRLA and use their model AST, which is a contractual periodic tenancy agreement and you can specify the notice period.
        I think the OP is saying that it is a contractual periodic tenancy agreement.

        Comment


          #5
          Originally posted by Lawcruncher View Post
          The contractual period of notice for landlord and tenant must be the same for both parties otherwise the grant of the tenancy is void.
          Can you explain why, please.

          I was under the impression that the T could be given a shorter notice period than the LL

          Comment


            #6
            Yes I've seen on most websites for the contractual periodic it's 2m landlord 1m tenant. But wondering if tenant agrees 2m is it ok?

            Comment


              #7
              Originally posted by zv2k View Post
              Yes I've seen on most websites for the contractual periodic it's 2m landlord 1m tenant. But wondering if tenant agrees 2m is it ok?
              2 months each is OK.

              But you need to ensure that the contract is unambiguously creating a contractual periodic tenancy and not a fixed term that becomes a SPT.
              eg "The Term: X months from and including <start date> to and including <end date> and continuing monthly thereafter".

              My contracts clearly state that:
              • the earliest that Tenant NTQ can expire is the last day of the initial period (<end date> above), and
              • In the case of a joint tenancy, valid NTQ from any of the joint tenants ends the tenancy for all (including NTQ ending on <end date>.
              And just to make it easy for them, I provide a pro forma NTQ for their use (with day of month populated, and space for month and year), so they don't get the date wrong

              Comment


                #8
                Until any such agreement ends up in court it being SPT or CPT is uncertain.
                I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

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                  #9
                  My prospective tenants are from HK and paying 6m up front. I've seen some payslips from their job in HK, and the wife is a British passport holder and husband would be acquiring right to stay upon landing.

                  if you were me would you rather issue a 12m with break Clause at 4m to end at 6 (so I can request proof of income for the next 6 months which they would pay monthly)

                  or do 6 months AST again with same break Clause then the contractual periodic with 2m notice each way (so it would be easier for me to evict if I needed to?) and them paying monthly after month 6 also

                  if theres not much difference by way of protection for me as a landlord then i guess the 12m is superior right? As I have greater likelihood of it being fully rented?

                  Comment


                    #10
                    I'd give them a six month fixed term and then let it become periodic (not contractually periodic).

                    There's no reason to give anyone you have no experience with anything more than the minimum you have to.
                    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


                      #11
                      Originally posted by MdeB View Post

                      I think the OP is saying that it is a contractual periodic tenancy agreement.
                      Thanks, I hadn't spotted that. I think that on balance a CPT is preferable and 2 months notice for each party should be fine.

                      Comment


                        #12
                        Originally posted by theartfullodger View Post
                        Until any such agreement ends up in court it being SPT or CPT is uncertain.
                        Did you mean MdeB's post to have a TA with wording along the line of 'eg "The Term: X months from and including <start date> to and including <end date> and continuing monthly thereafter".'?

                        Leeds City Council v Broadley [2016] EWCA Civ 1213:
                        for a term of [6 or 12] months and thereafter continuing on a monthly basis unless terminated by either party
                        No new tenancy arose at the end of the initial 6 or 12 months, a single tenancy continuing, not void for uncertainty, so material interest of at least 6 months for the purpose of council tax.
                        I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

                        I do not answer questions through private messages which should be posted publicly on the forum.

                        Comment


                          #13
                          Thanks JP, why is periodic rather than contractually periodic more beneficial to me? And can I still make it 2m notice each way?

                          Thanks all

                          Comment


                            #14
                            It's not really more beneficial to you, it's just conventional and the rules are simple.
                            And the notice periods are set by law, so it would be 2 month's notice by you, one month ending on a period end day for the tenant.
                            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


                              #15
                              Originally posted by MdeB View Post
                              Can you explain why, please.

                              I was under the impression that the T could be given a shorter notice period than the LL
                              There is no certainty when the tenancy will end if at any given moment the landlord can give one period of notice and the tenant another.

                              The above does though only refers to what the parties have expressly agreed. To determine if a tenancy meets the common law requirements for a valid tenancy it is the position at common law which needs to be considered.

                              Comment

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