What to do at the end of an AST period?

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    #16
    Originally posted by jpkeates View Post
    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.
    I dont think you are correct. If neither party serves notice on the other, and the tenant tenders the rent payable under the contractually expired lease, he holds over under the terms of it.
    If a tenant gives notice and then doesnt leave he is trespasssing. If rent is then accepted, I would agree that a wholly new tenancy is thereby created

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      #17
      L4NDLORD,

      If you read section 5 of the Housing Act 1988, you will see that a periodic tenancy on the same terms as the original arises automatically by virtue of the Act if the tenant remains in occupation past the end of a fixed term tenancy. They are not trespassers in this situation and continue as lawful tenants.

      What you are describing is the situation when the tenancy has been ended by the tenant, in which case, no SPT arises.

      Comment


        #18
        I think the confusion arises because of the difference between commercial and residential leases in England and Wales.

        In the world of commercial leases, a lease can expire without anything happening as a consequence, leaving the tenant, technically, holding over.
        That can't really happen in a residential lease, unless the tenant has given notice and then declines to restore possession to the landlord. When a residential lease expires, legislation creates a new tenancy.

        The implications of the terms are, consequently, different in the two slightly different trades.

        I'm a residential landlord only, and would be alarmed to be told a tenant was holding over, while a commercial landlord probably wouldn't bat an eyelid, and would probably be pleased.
        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


          #19
          Originally posted by jtufty View Post
          I rent a property. ... The tenant is very nice...
          FWIW if you rent a property you are a tenant. Presumably (given the context) you let a property.
          There is a fine line between irony and stupidity. If I say something absurd please assume that I am being facetious.

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            #20
            You need to make sure that the deposit continues to be protected. That may require re-issue of prescribed information (depends on how the scheme works).

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              #21
              Originally posted by MdeB View Post
              You need to make sure that the deposit continues to be protected. That may require re-issue of prescribed information (depends on how the scheme works).
              Thanks, I hadnt thought of that. The deposit is with DPS.

              Comment


                #22
                Ive just looked at the contract and it reads

                ".....If the Tenant continues to live in the Property after the expiry of the fixed term
                and no further tenancy has been entered into by the parties, then from the expiry
                of the fixed term the Tenant shall occupy the Property under a statutory periodic
                tenancy in accordance with section 5(2) of the Housing Act 1988...."

                So just to be clear, I dont have to provide them with any documentation? (How To Rent leaflet, EICR etc..)

                Ive emailed DPS with the question about how to handle their deposit but they havnt replied yet.








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                  #23
                  If the version of the How to Rent guide has changed since you gave them the last one, you should give them the new version.
                  You want to make sure they have a copy of the Gas Safety Certificate.
                  You might want to check the status of the deposit protection (particularly if it's insured).
                  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


                    #24
                    Her tenancy started on 19 July 2021.

                    The How To Rent guide was last updated 21 July 2021!! (Although the update was the addition of an Easy Read version, which presumably I dont need to give to her because she has no disabilities. Perhaps I will just in case.). Thanks!

                    Comment


                      #25
                      The document that you have to give the tenant is quite precisely defined in the regulations and it isn't the easy read version.
                      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


                        #26
                        Originally posted by jtufty View Post
                        Ive emailed DPS with the question about how to handle their deposit but they havnt replied yet.
                        Custodial scheme requires no action. I do not know about the insured scheme.

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                          #27
                          An update:

                          The tenant's partner has spoken to his support worker and theyve confirmed he will lose all his benefits if he moves in. So the tenant has decided to leave things as they are and wants to go into another 6 month AST.

                          Rather than continuing on a Periodic Tenancy, I like the assurance that she'll be there for the next 6 months, so Ill be issuing her a new AST. (which will be the same contract I used last time but with different start/end dates).

                          Just to confirm, because this is a 'new tenancy' I need to issue her with the EICR (again), but I dont have to give her the How To Rent leaflet (because it hasnt been updated since last time I gave her it). And I dont need to re-perform any other checks like her Right to Rent?

                          Thanks



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                            #28
                            Originally posted by jtufty View Post
                            I like the assurance that she'll be there for the next 6 months, so Ill be issuing her a new AST.
                            I'm afraid that assurance is a delusion. In practice it only binds the landlord. If the tenant decides to leave early it would be a very foolish landlord that tried to prevent them when they have control of your very expensive asset.

                            Its up to you to set the terms of the tenancy and if you want a periodic tenancy, (which most experienced landlords aim for), you can make that stipulation.

                            Comment


                              #29
                              This is a common thread.

                              OP - What should I do at the end of the fixed term, let it go periodic or a new fixed term?
                              Experienced forum member 1 - let it go periodic. Here's why...
                              Experienced forum member 2 - let it go periodic. Here's why...
                              Experienced forum member 3 - let it go periodic. Here's why...
                              Experienced forum member 4 - yes, let it go periodic.
                              Experienced forum member 5 - I agree, let it go periodic.
                              Experienced forum member 6 - I agree, let it go periodic.
                              OP - Thanks for the input, I've decided to offer a new fixed term.
                              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


                                #30
                                jpkeates,

                                I hear you loud and clear! Periodic it is then! Cheers

                                Comment

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