AST into Periodic

  • Filter
  • Time
  • Show
Clear All
new posts

    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.


    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.


      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
      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).


      Latest Activity


      • Reply to How to evict professional tenant?
        by DoricPixie
        The tenant sounds like a delusional bampot. How is he going to afford a very expensive solicitor?

        Do you know if the council in which the rental property is located has landlord licensing? I’m trying to figure out where he’s getting this £30k figure from....
        26-06-2022, 23:40 PM
      • How to evict professional tenant?
        by CharlesRiver
        I have a professional tenant rented my house a few years ago. The tenant relied on housing benefit to pay the rent. It was a one-year fixed term AST, and the tenant refused to leave from then and declined our access to the property for inspection for many years. He damaged the house extensively and...
        23-06-2022, 01:48 AM
      • Reply to Council staying eviction needed
        by DoricPixie
        The council can’t magic up a suitable property if there are none available. Whilst being able to present as homeless on top of the health issues will give the daughter more points if there aren’t any suitable properties then your daughter is still going to be between a rock and a hard place. Presenting...
        26-06-2022, 23:37 PM
      • Council staying eviction needed
        by lostforwords
        My daughter is a tenant in a house and has been for 7years without any problems for 6 of the years. Last year she had to give up working full time due to health reasons. Since then they've got worse, she suffered a blood clot which leaves her breathless and can't have oxygen as she has a gas hob. She...
        26-06-2022, 14:45 PM
      • Reply to N5B Form
        by Truth
        Any tips on a good one to use?
        26-06-2022, 22:24 PM
      • N5B Form
        by Truth
        Good Afternoon everyone,
        Its my first post on the site and probably like most first posts on here I am asking for help !
        Without going into too much detail my tenant has decided to stop paying his rent , after I gave him notice to leave, and ignore Section 8 and Section 21 notices sent by...
        24-06-2022, 13:18 PM
      • Reply to N5B Form
        by Truth
        I think I'm going to down the housing solicitor / eviction company route.
        Its going to cost me but this is really bringing me down now in all honesty . I've got a daughter and Mom with very serious health issues and I need to concentrate on them rather than a jerk who's taking me for a ride !...
        26-06-2022, 22:23 PM
      • Reply to Council staying eviction needed
        by Hudson01
        Could not agree more, but given the reluctance of the social sector to '' do the right thing'', we will always be in a battle to get them to house vulnerable people.

        What a sad state of affairs....
        26-06-2022, 20:13 PM
      • Reply to Council staying eviction needed
        by gnvqsos
        The problem here is that the woman was not vulnerable and thus chose the private option. She is now in the wrong sector ,and the landlord is not trained to address such problems....
        26-06-2022, 20:10 PM
      • Reply to Council staying eviction needed
        by Hudson01
        Sad to say it but i would evict them now...... it is coming our way and when it hits the reasons you have will not qualify, as i suspect many others will and only time will show them up in this forum and the wider press.

        Vulnerable individuals should really not be in the PRS, but due to...
        26-06-2022, 20:02 PM