Does staying on for a few days create a periodic?

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    Does staying on for a few days create a periodic?

    We was asked to renew my tenancy agreement as the 12 months Fixed AST was coming to an end on 28th July. Instead, as we are in the process of buying I gave a months notice to leave on the 28th (as a gesture of goodwill). Our purchase is not going too well and I am planning to ask if we can stay on for an extra week and pay for those days, however I am concerned that this will create a periodic tenancy and we be liable for a full month.

    Could anyone help clear up this problem?

    Thanks

    #2
    Yes you would be creating a periodic tenancy and you would be liable for one months rent and you would have to give the appropriate one months notice to the landlord.

    Have you told the landlord about your situation? It may be worth approaching him to see if he would be agree to you staying on for say a week or so and for you only to pay rent for the time that you are actually in the property, if he hasn't got a new tenant waiting to move in that is.

    However, he is not obliged to and he may well insist on you paying for a complete rental period and written notice.

    Comment


      #3
      Thank you for your response.

      If I mentioned it to the Landlord and he agrees, presumably he then can't ask for the full months rent?

      Comment


        #4
        Mention it to him by all means - if you have previously enjoyed a good relationship, he may well agree - but good relationship or not - get any agreement in writing !!! Saves headaches and bad feelings later on ..

        Originally posted by benoz2000
        Thank you for your response.

        If I mentioned it to the Landlord and he agrees, presumably he then can't ask for the full months rent?
        Any information or opinion given in this post is based only on my personal experience, what I have learned from this, other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person. E&OE

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          #5
          Difficult to say what the LL may insist on.

          As a landlord I would be happy to oblige if I didn't have a new tenant waiting to move in and I had a good relationship with the outgoing tenant.

          Should the LL agree, you could ask him to provide some kind of rent book or receipt that stipulates a weekly rent. Hope it works out for you.

          Comment


            #6
            You should have a date in mind by which you will be leaving the property and it would be reasonable to give the landlord one month's notice in advance of that date and from the landlord's point of view that is the only safe way to continue.

            I certainly would not consider deviating from the terms of the AST and the subsequent periodic tenancy by creating a new weekly tenancy. I would be concerned that any replacement weekly tenancy could create a new minimum fixed term contract.
            Vic - wicked landlord
            Any advice or suggestions given in my posts are intended for guidance only and not a substitute for completing full searches on this forum, having regard to the advice of others, or seeking appropriate professional opinion.
            Without Plain English Codes of Practice and easy to complete Prescribed Forms the current law is too complex and is thus neither fair to good tenants nor good landlords.

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