AST into Periodic

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    AST into Periodic

    Thanks for telling me that the Periodic tenancy law supercedes the original fixed trm agreements on the tenants' notice time.

    Does this mean that all the original agreement is invalid to enforce?

    The original fixed term had clauses for cleanig up and cleaning carpets at the end f the tenancy and I want to have the tenants pay for this but I think they will say that all the fixed term agreement's terms have expired therefore they are not liable for anything anymore.

    Thanks

    #2
    There is no change in the the liabilities of L or T and a periodic tenancy is just an extension of the original, it does not supersede it.
    The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

    Comment


      #3
      Paul_f is right. See s.5(3)(e) of the Housing Act 1988- where underlined below- on which he based his post.

      5. Security of tenure.

      (1) An assured tenancy cannot be brought to an end by the landlord except by obtaining an order of the court in accordance with the following provisions of this Chapter or Chapter II below or, in the case of a fixed term tenancy which contains power for the landlord to determine the tenancy in certain circumstances, by the exercise of that power and, accordingly, the service by the landlord of a notice to quit shall be of no effect in relation to a periodic assured tenancy.

      (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.
      ...
      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).

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