6 month Assured Shorthold Tenancies

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • 6 month Assured Shorthold Tenancies

    Hi, does anyone know if a 6 month assured shorthold tenancy can lapse into a month by month tenancy, if so what are the conditions with regard to both parties giving notice. Thanks!

  • #2
    At the end of the fixed term it becomes a "Statutory Periodic Tenancy" by default, no one needs to do anything. It retains all the rights & conditions of the original AST except for notice periods. These become:

    T - End of next rent month (ie min 1 month)
    L - End of next rent month + one month (ie min 2 months)

    Comment


    • #3
      Originally posted by Snorkerz View Post
      At the end of the fixed term it becomes a "Statutory Periodic Tenancy" by default, no one needs to do anything. It retains all the rights & conditions of the original AST except for notice periods. These become:

      T - End of next rent month (ie min 1 month)
      L - End of next rent month + one month (ie min 2 months)
      I agree, except to add that:
      a. T's Notice To Quit need not be in any particular format; but
      b. L's Notice must in fact be "to next end of rent month + two months**" and comply with s.21(4)(a) of the Housing Act 1988.

      ** EXAMPLE
      1. Assume AST for six months beginning 1 Jan. 2009.
      2. Term expired at end of 30 June.
      3. Statutory Periodic Tenancy (SPT) began on 1 July.
      4. L serving s.21(4)(a) Notice today- 27 Oct.- must state possession date as no earler than:
      a. to next end of rent month (= 31 Oct.); plus
      b. two months more; so as to run
      c. to 31 Dec.
      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


      • #4
        Originally posted by elbows View Post
        Hi, does anyone know if a 6 month assured shorthold tenancy can lapse into a month by month tenancy, if so what are the conditions with regard to both parties giving notice. Thanks!
        In addition to the above advice, T could leave on last day of fixed period of AST, so effectively there would be no notice period (however it's always a good idea to let LL know).
        The information in my posts is provided 'as is'. This is not intended to be legal advice. Legal or other professional advice should be sought before acting or relying on this information or any part of it. I will not be held responsible for loss or damage arising from errors in the information or the way in which a person uses the information on this . For more information on your query use the '' link at the top of this page. Agreements, Forms & Notices can be found .

        Comment


        • #5
          Originally posted by Snorkerz View Post
          At the end of the fixed term it becomes a "Statutory Periodic Tenancy" by default, no one needs to do anything.
          ...unless the letting was expressly stated as being for:
          a. fixed term; plus
          b. [contractual] periodic continuation.
          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


          • #6
            Originally posted by jeffrey View Post
            ...unless the letting was expressly stated as being for:
            a. fixed term; plus
            b. [contractual] periodic continuation.
            If b. is true as per jeffrey's post, then the notice period during the (contractual) periodic stage of the tenancy would be governed by the terms of the tenancy agreement, not the statutorily imposed notice periods as mentioned in an above post.

            Comment


            • #7
              Originally posted by dominic View Post
              If b. is true as per jeffrey's post, then the notice period during the (contractual) periodic stage of the tenancy would be governed by the terms of the tenancy agreement, not the statutorily imposed notice periods as mentioned in an above post.
              Yes. The disregard [by s.5(3)] of whatever Notice periods the fixed-term written Agreement stipulates:
              a. operates during an SPT only; but
              b. does not operate if the written Agreement granted a contractual continuation to follow that fixed term.
              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

              Latest Activity

              Collapse

              Working...
              X