Statutory Periodic Tenancy

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    Statutory Periodic Tenancy

    Hi, My tenant will not move out at the end of the fixed term tenancy. My understanding is that this will automatically become a statutory periodic tenancy. Do I have to provide any documents / agreements for this statutory periodic tenancy or does it carry on using the previous fixed term agreement, but work month by month? Also to gain possession, I assume I still need to use section 21 / form 6a...is this correct. Finally, can someone recommend an insurance company when there is a periodic tenancy? Thanks

    #2
    if your agreement said it would become periodic then it is a Contractual Periodic Tenancy; if your tenancy said nothing it will become a statutory periodic tenancy.

    My understanding is the first is a continuation of the original & the second is a 'new' tenancy. A new tenancy needs all the original paperwork reissuing &v for avoidance of doubt I reissue everything as if it is a new tenancy - that way you cannot be wrong! Others may argue this is unnecessary but for the eace of mind I believe the effort is worth it.

    All terms and conditions remain the same as the original. Possession still requires a S21 -assuming in England) and your notice to them is 2 months & them to yours is 1 month. Your insurance doesn't need to change.

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      #3
      Unless your tenancy agreement creates a contractual periodic tenancy, if you're in England a periodic tenancy is created by the Housing Act 1988.

      If the How to Rent booklet has changed since you gave the tenant a copy originally, you should give them the version that was current when the tenancy went periodic.

      If your deposit is insured you may need to make sure the protection scheme is updated.

      All of the terms of the previous agreement carry forward, other than those relating to notice and ending the tenancy (and anything that was time limited by the agreement - such as an increase after 12 months if that deadline has passed).

      Section 21 and section 8 notices are still applicable.

      No idea about insurance or why you'd need different insurance for a periodic tenancy.
      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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        #4
        Thanks. I plan to give a copy of the epc, gas safe etc. However I do not have to create a "new" agreement to sign ...right?

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          #5
          No. And a tenant does not have to agree to or sign any new agreement.
          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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            #6
            Increase rent, informing the T when the fixed term ends the rent increase applies.

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