What to do at the end of an AST period?

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    What to do at the end of an AST period?

    Hi,

    I rent a property. The initial 6 months of the AST ends in Jan 2022. The tenant is very nice and she asked yesterday if she can stay on for another 6 months.

    Is it a simple case of just giving her another AST contract to sign? Im sure it is, but wondered if theres anything else I need to bare in mind, or do.

    Thanks





    #2
    Just do nothing. Tenancy rolls on, periodic, for ever until ended.

    Rolling periodic means it quicker for her to leave if she wants with NTQ or you to evict with s21 than with a new AST of say 6 months.
    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...

    Comment


      #3
      You can get her to sign another tenancy but most on here feel there is no huge advantage to you - things can change quickly in renter-land and on a periodic usually the tenant has to give 1 months notice & the LL 2 in order to end the tenancy.

      I would tell her that she can stay as long as she wishes on the periodic tenancy (as long as she abides by all the rules) and I would perhaps forewarn her that there may be a small rent rise after 12 months.

      Comment


        #4
        Thanks guys, this is very useful.

        So in terms of paperwork, what should I give her? (presumably I need to have something in writing?)

        Comment


          #5
          Nope, if you wish the tenancy to continue periodic you don't need to do anything. Just let the current AST lapse and you automatically have a Periodic Tenancy

          Comment


            #6
            There is some confusion as to whether going periodic constitutes a 'new' tenancy. If your original tenancy said after 6 months it would then I believe it is a continuation of the old tenancy if it was silent it can be construed that this is a new tenancy. If it is a new tenancy you should reissue the paperwork again, if it is a continuation you don't need to.

            To be absolutely certain you are covered in case you ever need to issue a S21 I would issue again the gas safety, EICR, EPC & How to Rent Guide. That way you know you are covered whatever!

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              #7
              The main thing i would do (which i always do) is explain to the tenant what a periodic tenancy is and what the advantages are to the tenant and yourself..... simply talking to them is enough, then just let it roll over and off you go.

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                #8
                Thanks guys. Very useful.

                I used the governments standard AST contract, so I will read it and remind myself what it says about what happens at the end of the term.

                Comment


                  #9
                  I think that one is just a fixed term, so a new periodic tenancy arises when it ends if the tenant is still living there.

                  Comment


                    #10
                    becoming periodic is considered a new letting for EICR, but for nothing else. It is of course the same tenancy but under statutory terms of holding over. We have a few tenants who have held over for more than a decade.

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                      #11
                      Originally posted by L4NDLORD View Post
                      becoming periodic is considered a new letting for EICR, but for nothing else. It is of course the same tenancy but under statutory terms of holding over. We have a few tenants who have held over for more than a decade.
                      A statutory periodic tenancy is a completely new tenancy and it isn't just EICR's that treat it this way.

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                        #12
                        A tenant not leaving at the end of a fixed term isn't holding over.
                        A tenant who has given notice and then doesn't leave is holding over.

                        A new periodic tenancy requires the service to a tenant of a new Right to Rent document if there has been a new version since they were originally provided with one.
                        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


                          #13
                          Originally posted by jpkeates View Post
                          A new periodic tenancy requires the service to a tenant of a new Right to Rent document if there has been a new version since they were originally provided with one.
                          I think you mean How to Rent jpk.

                          Comment


                            #14
                            Originally posted by jpucng62 View Post

                            To be absolutely certain you are covered in case you ever need to issue a S21 I would issue again the gas safety, EICR, EPC & How to Rent Guide. That way you know you are covered whatever!
                            To reiterate my point at answer 6!

                            Comment


                              #15
                              Originally posted by DPT57 View Post
                              I think you mean How to Rent jpk.
                              I do.
                              I can't believe how many times I make the same stupid mistake.

                              Thanks for the correction.
                              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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