new tenancy?

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    new tenancy?

    My tenant's AST ends in July, if he wants to stay for another year is it best to start a new AST (and pay the letting agent a fat fee!) or can the tenancy he has now just continue?

    #2
    as Long as you currently have an Assured Shorthold Tenancy in force, unless you draw up another fixed contract, the current one will continue on a periodic basis until either party gives the appropriate notice.

    If you do draw up another fixed term tenancy please ensure that you re-protect the deposit with the new dates.

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      #3
      Originally posted by Poppy35 View Post
      as Long as you currently have an Assured Shorthold Tenancy in force, unless you draw up another fixed contract, the current one will continue on a periodic basis until either party gives the appropriate notice.
      ...but only if the premises are still T's only/main home.
      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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        #4
        Originally posted by Poppy35 View Post
        as Long as you currently have an Assured Shorthold Tenancy in force, unless you draw up another fixed contract, the current one will continue on a periodic basis until either party gives the appropriate notice.

        If you do draw up another fixed term tenancy please ensure that you re-protect the deposit with the new dates.
        Thanks,
        What would the notice period be for a periodic tenancy?
        Also what would the position be with the deposit? Would it just remain protected as it is now?

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          #5
          Originally posted by Thyrsis View Post
          Thanks,
          What would the notice period be for a periodic tenancy?
          Also what would the position be with the deposit? Would it just remain protected as it is now?
          Tenant - one month, to end on the last day of a tenancy period

          Landlord - 2 months notice before court proceedings can be started. Such a notice served during a periodic tenancy must also expire on the last day of a tenancy period.

          For a tenancy where rent is reserved monthly, the last day of a tenancy period is always the same day of the month as the fixed term ended.

          Deposit would remain as it is now.

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            #6
            If we allowed the present tenancy to change to a periodic tenancy presumably we could not increase the rent?

            The rent was payable in advance on the 30th of the month but there was also a clause in the lease to say the tenant had agreed to pay 12 months rent in advance.
            Presumably I couldn't ask for 12 months rent in advance on a periodic tenancy?

            Comment


              #7
              Providing the rent has not increased in the previous 12 months, you can use the section 13 process to increase the rent.

              As the tenant is only tied in for a month at a time, you could not insist on rent for a time when there is no guarantee they will be there. Even if you could - the only thing you could do if they chose not to would be to evict using s21.

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