Periodic Tenancy Agreements Question

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  • Periodic Tenancy Agreements Question

    I would like to purchase a tenancy agreement from you but am unsure of what i need and would appreciate your advice on what i should buy.

    I have had the same tenant in the property for some 5 years now. The original agreement was done through an estate agent. I paid them a finders fee some 3 years ago and took over the management of the property but still paid them £40 per annum to renew the tenancy annually and the tenant also paid them £40 to renew. I have questioned why this costs £80 to renew and after arguing the point they have reluctantly agreed for me to deal with the tenant directly on future renewals.

    As the tenant has been in place for 5 years I understand that I can issue a 'periodic tenancy agreement' which i can not find on your site as I do not want to commit to a fixed 6 /12 month contract. Or do I need to issue an Assured Shorthold Tenancy first as I do not have the original agreement.

    Any information appreciated.

    Thank you
    tig

  • #2
    Have a look at www.landlordexpert.co.uk where you can download a free AST which is very good. I don't want to take away any business from the LLZ but you don't need to pay for any tenancy agreement as there are plenty for nowt on the internet.
    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.

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    • #3
      Originally posted by tigtig View Post
      As the tenant has been in place for 5 years I understand that I can issue a 'periodic tenancy agreement' which i can not find on your site as I do not want to commit to a fixed 6 /12 month contract. Or do I need to issue an Assured Shorthold Tenancy first as I do not have the original agreement.
      A periodic tenancy arises automatically after an assured shorthold tenancy (in England/Wales) expires, and the tenant remains in residence, and no renewal contract is signed. The terms of the original contract remain the same, except for notice periods.

      So, if the fixed term tenancy agreements issued were ASTs, (whether you have a copy contract or not), then you don't need any more paperwork to make it periodic.

      However, you do need to know what date the last day of the most recent fixed term was, because the 'periods' of the periodic tenancy start the day after the fixed term ends. And if you want to serve a s.21 notice to end the tenancy, it must expire at the end of a rental period, as well as giving the T at least two months' notice (T only has to give you 1 month, but also to expire at the end of a rental period).

      For example, if the fixed term ended today, 12th April 2010, and the tenant pays rent monthly, then the periods would run 13th April - 12th May, and 13th May - 12th June, and so on. Any notice served would have to expire on the 12th of the month.

      Also note that if a deposit was paid by the tenant 5 years ago, you are obliged to protect it in a scheme because you've renewed the tenancy after deposit protection rules came into force. If you haven't then a s.21 notice will not be valid until you protect the deposit with the DPS http://www.depositprotection.com/
      and provided T with the prescribed information (keep a copy and proof of posting).
      https://www.depositprotection.com/pu...agentinfo.aspx

      Also note that you could, if you wish, issue a new fixed term contract for less than six months. There is no minimum length for an AST.

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