Periodic AST

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    Periodic AST

    Hi all,

    I am a new landlord and just have some questions about the AST which I am hoping someone can kindly help me with.

    The template I have at the moment states the following:

    TERM
    8. The term of the tenancy is a periodic
    tenancy commencing at 12:00 noon on 1
    July 2022 and continuing on a year-to-year
    basis until the Landlord or the Tenant
    terminates the tenancy (the "Term").
    9. Any notice to terminate this tenancy must
    comply with the applicable legislation of
    England (the "Act'').


    Now my question.

    Once the fixed term ends In July 2023, will the AST automatically renew for another 12 months without the tenants having to sign a new AST?

    Also if the tenancy automatically renewed for a year and part way through the year the tenant wanted to leave, would the tenant be liable to pay rent until the end of the fixed term.

    There are no special clauses.

    Thanks!


    #2
    Yes, It would continue for another 12 month term. Such tenancies are j usual as they are generally inconvenient for both parties with 6 months notice required to terminate the tenancy.

    Comment


      #3
      That would be a ludicrous tenancy agreement to have. Who advised to do this?

      Comment


        #4
        Start or end at a time unwise, better date to date. Continuing 12 months at a time just makes it harder to evict if problems.

        In the opinion of many go 6 months initial term than monthly periodic. You never know what new tenant will be like (so limit exposure) and continue periodic so more incentive for tenants to comply with contract terms.

        Who suggested 12 months then continue 12 months at a time?
        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


          #5
          From the two paragraphs quoted I'd suggest that that tenancy agreement is going to be a disaster.

          First of all, the notion of a 12 month "period" is deeply concerning.

          And "9. Any notice to terminate this tenancy must comply with the applicable legislation of England (the "Act'')." is as close to meaningless legal b0ll0cks as it's possible to get.
          Of course notice must comply with the "applicable legislation" so stating that is meaningless and the idea that the "applicable legislation" is one "Act" is deeply stupid.
          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


            #6
            This is a template provided by Lawdepot. Can anyone recommend a free online tenancy agreement template?

            Comment


              #7
              Just had a look there and started to complete the template for a property rental in England.
              "Can the tenant move in before the start of the tenancy agreement?" isn't a question you'd want to see asked!

              This is the government's template for a tenancy agreement.
              https://www.gov.uk/government/public...ssured-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).

              Comment


                #8
                Originally posted by Harrison38784 View Post
                This is a template provided by Lawdepot. Can anyone recommend a free online tenancy agreement template?
                I took a look at this. My God. What a mess.

                Comment


                  #9
                  I had a quick look at one precedent and it stresses the advice I regularly give:

                  Be wary of online precedents

                  Comment


                    #10
                    Stop being cheap and join the NRLA. All their documents are free to members and whilst their TA model isn't perfect, it's a whole lot better than the one you found.

                    Comment

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