Statutory continuation periodic tenancy- where does it say so?

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    Statutory continuation periodic tenancy- where does it say so?

    Hello

    Details (we are tennents)

    Shorthold 1 year AST - Started 24/08/08

    We are looking to move this year and when our ends on the 24/08/09 we want to go onto a periodical rewewal.

    I went to see our LA today and they told me we only go on this type of contract if our LL agrees??? Is this correct?

    If we don't manage to find a place we will be happy in by the 24/08 we do not want to sign another contract. Can the LL or the LA make us?

    Can someone point me in the right direction of where it states in law that we are entiltled to have a periodic rewnewal (what section of the houseing act?)

    Thanks for any advice

    PS I think the LA are just trying to get a renewal fee out of us (what a shocker!) But I would like to go and see them with it in writting that we can have a periodic whether they (or the LL) like it or not!
    Last edited by moto; 18-05-2009, 12:54 PM. Reason: extra info

    #2
    If you as T stay put after fixed term expires, you beccome statutory periodic tenants. This continuation is automatic and requires no documentation (nor even approval) from L. See s.5(2) and s.5(3) of the Housing Act 1988, below:

    5(2) If an assured tenancy which is a fixed term tenancy comes to an end otherwise than by virtue of:
    (a) an order of the court, or
    (b) a surrender or other action on the part of the tenant,

    then, subject to section 7 and Chapter II below, the tenant shall be entitled to remain in possession of the dwelling-house let under that tenancy and, subject to subsection (4) below, his right to possession shall depend upon a periodic tenancy arising by virtue of this section.

    (3) The periodic tenancy referred to in subsection (2) above is one:
    (a) taking effect in possession immediately on the coming to an end of the fixed term tenancy;
    (b) deemed to have been granted by the person who was the landlord under the fixed term tenancy immediately before it came to an end to the person who was then the tenant under that tenancy;
    (c) under which the premises which are let are the same dwelling-house as was let under the fixed term tenancy;
    (d) under which the periods of the tenancy are the same as those for which rent was last payable under the fixed term tenancy; and
    (e) under which, subject to the following provisions of this Part of this Act, the other terms are the same as those of the fixed term tenancy immediately before it came to an end, except that any term which makes provision for determination by the landlord or the tenant shall not have effect while the tenancy remains an assured tenancy.

    (4) The periodic tenancy referred to in subsection (2) above shall not arise if, on the coming to an end of the fixed term tenancy, the tenant is entitled, by virtue of the grant of another tenancy, to possession of the same or substantially the same dwelling-house as was let to him under the fixed term tenancy.
    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
    4. *- Contact info: click on my name (blue-highlight link).

    Comment


      #3
      Thank you very much

      Exactly what I was looking for!

      Comment


        #4
        The previous answer is correct but you may have misunderstood what the LL was saying - it is possible that what he meant was that if you don't agree he will serve a s21 basically giving you 2 months notice.

        Comment

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