Requesting statuatory periodic fair and the norm?

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    Requesting statuatory periodic fair and the norm?

    I'm wondering if anybody could provide an opinion on this? Please note that I do not yet know if tthe enant is letting through an agent or directly from landlord, so I assume both cases.

    Can a Landlord or Letting Agent force a Tenant to sign a new 12 month AST after the initial one comes to an end?

    Clearly the Tenant can stand his ground and say he wants the AST to convert to a statuatory periodic, but in reality would this risk the Landlord (Letting Agent) getting upset and them issuing a section 21?

    The tenant I am asking for does not know what the future will bring and to keep signing 12 month contracts pretty much negates the benefit of having 1 month notice periods. Equally, the tenant is concerned that if they refuse to sign a new AST they may lose their property.

    What is the real life expectation/norm in such circumstances these days?

    Thanks for any opinons

    #2
    A landlord certainly cannot force a tenant to take a new fixed term. However, as you suggest, a landlord can issue a section 21 notice. Whether a sensible landlord does or not depends on how he sees the situation.

    When agents come into the equation it can start to get a bit complicated because some agents will see the chance to do a bit of churning.

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      #3
      A middle ground may be to ask for a 6 month agreement - there is no set length for a tenancy agreement, it can be as short or as long (with some exceptions) as both parties agree.

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        #4
        You ask re "Requesting statutory periodic fair and the norm?"

        T does not 'request' any such. An SPT arises by automatic operation of law, following expiry of a fixed term AST/SAT.
        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).

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