fixed term tenancy

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    fixed term tenancy

    suppose you grant a fixed term 3-month AST with the whole rent payable at the outset as a single payment. If the tenant stays on, does this become a statutory periodic tenancy with quarterly payments due?
    Disclaimer: What I say is either right or wrong. It may be advisable to check what I say with a solicitor. If he says I am right then I am right, unless he is wrong in which case I am wrong; but if he says I am wrong then I am wrong, unless he is wrong in which case I am right

    #2
    My logic says yes, BUT you cannot evict the tenant until six months has expired. I remember Paul F going over this point some time ago saying that you can create an AST for as short a period as you like, but that possession cannot be sought until six months has expired (at least on a S21 - if there are rent arrears or other problems, a S8 can kick in anytime)

    As the three monthe suggested expire, the only thing then the tenant can be is a statutory periodic one as by then the contract/agreement has expired and they are not then under the auspices of a contract or agreement.

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      #3
      Adding to DJB's point

      David is quite correct although I would say that even if rent is paid for the whole 3 months up front, the rent period is determined by that which is stated on the AST i.e. it could be monthly. So after 3 months is would become either a quarterly or monthly periodic AST for which the landlord could not issue a S.21 effective until 6 months had lapsed.
      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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        #4
        suppose the term in the AST was a single period of 11 weeks and 3 days, paid for by a single payment in advance, is the period of the subsequent statutory periodic tenancy 11 weeks and 3 days?
        Disclaimer: What I say is either right or wrong. It may be advisable to check what I say with a solicitor. If he says I am right then I am right, unless he is wrong in which case I am wrong; but if he says I am wrong then I am wrong, unless he is wrong in which case I am right

        Comment


          #5
          Like er...........yeah man!
          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

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