My Brain Isn't Working Today

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    My Brain Isn't Working Today

    There is a simple answer to this but for some reason my brain isn't working properly today!

    If a T is on a fixed 12 mth AST with no break clause, does the AST automatically renew for another 12mths at the end of it, if neither party brings it to an end, or does it go onto a month to month basis like it does when a 6mth tenancy AST expires?

    I need to know for notice period reasons as I am unclear as to how much notice a T would need to give if they are 3 mths into the second year of the tenancy.

    Many thanks in advance for your help.

    At the end of the fixed period if the tenant stays on,the AST will automatically lapse into a statutory periodic tenancy, which runs month to month on the same terms as the AST.


      Thanks teeps. So thats regardless of the fact that the original AST was for 12mths with no break clause?


        yes, if the tenant stays on at the end of the twelve month period it is a SPT.


          Depends surely on the rent period... so if they've been paying monthly then monthly, if every 3 months period is 3 months, if paying 6-months each time then period is 6 months etc etc...

          see. HA 1988 S5(3)d..

          (3)The periodic tenancy referred to in subsection (2) above is one—

          (a)taking effect in possession immediately on the coming to an end of the fixed term tenancy;

          (b)deemed to have been granted by the person who was the landlord under the fixed term tenancy immediately before it came to an end to the person who was then the tenant under that tenancy;

          (c)under which the premises which are let are the same dwelling-house as was let under the fixed term tenancy;

          (d)under which the periods of the tenancy are the same as those for which rent was last payable under the fixed term tenancy; and
          - thus if they paid 12 months up-front in one lump (even if tenancy says rent paid monthly) some argue you have 12-month periods.. (!)
          I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...


            But those people argue wrongly. The section says 'payable' [not 'paid'].
            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
            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).


              Originally posted by spiritkary View Post
              Thanks teeps. So thats regardless of the fact that the original AST was for 12mths with no break clause?
              The length of term is irrelevant. What is relevant is the frequency of the rent payments, e.g. monthly, weekly, etc.


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