Risk to landlord just before converting an AST to a SPT

  • Filter
  • Time
  • Show
Clear All
new posts

    Risk to landlord just before converting an AST to a SPT

    My tenant wants to stay on after a 6 month AST that we are 4 months into at the moment - so the AST will convert to a SPT in December on a rolling monthly basis - I understand all that and it's fine.

    However I sense some risk to the landlord (me) here.

    As I understand it, having completed the AST and verbally indicated to me that he wishes to stay on by way of a SPT from Jan onwards there is in theory nothing stopping him changing his mind the day before the SPT is due to start, leaving me with an empty property. He would not have to give any notice at all [unlike during the SPT itself where it is one month as rent is due monthly, or during the AST where everyone know where they stand as the timings are written down in the contract in black and white].

    Is this correct and what can be done to mitigate my risk - there must be loads of similar cases out there...


    It's the law. Not everything about Lettings always delights land lords, nor tenants.

    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...


      There is no unilateral action you can take to mitigate your risk.

      However, for the future what you can do is to grant a fixed term tenancy which continues as a periodic tenancy. You must though ensure that it is properly drafted and bear in mind that a six month tenancy to continue as a monthly periodic tenancy is a tenancy for a minimum of seven months.


        Many thanks lawcruncher in sunny Spain, very grateful!

        I am now wondering how a fixed term tenancy which continues as a periodic tenancy differs from a standard off the shelf AST?



          Originally posted by proj2016 View Post
          I am now wondering how a fixed term tenancy which continues as a contractual periodic tenancy differs from a standard off the shelf fixed term AST?
          The latter merely grants a fixed term tenancy. If the T is in occupation at fixed term expiry, then a statutory periodic tenancy will arise, under s.5 Housing Act 1988, replacing the expired fixed term tenancy. If the T vacates at fixed term expiry, then the SPT will not arise.

          The former includes additional provisions which say that the tenancy will continue on a contractual periodic basis following a fixed term, so it is irrespective of T being in occupation or not at fixed term expiry. As lawcruncher says, such a contract must be properly drafted by a lawyer.


            It is as Westminster says. The statutory tenancy that follows a fixed term is a new tenancy. However a tenancy that starts as fixed with a provision that it continues as periodic is a single tenancy.


            Latest Activity


            • Reply to Rent Rises in 2020
              by DPT57
              Well if the market rent for your properties has increased and you think that there would be a good prospect of re-letting quickly and there is a low risk that your existing tenant will stop paying rent altogether then from a business point of view, it makes sense to increase the rent. Having said that,...
              22-09-2020, 14:57 PM
            • Rent Rises in 2020
              by jpucng62
              I cancelled all my annual rent increases when Covid hit. Since then some people have really suffered financially and others haven’t. In addition LHA rates have increased substantially for anyone needing support which appears to have had the knock on effect of increasing the rent of properties now...
              19-09-2020, 17:48 PM
            • Reply to Rent Rises in 2020
              by jpucng62
              Where I rent properties (Beds / Northants / Nottingham) rents have risen substantially and availability has fallen. So my question is still, 6 months on from everyone being told to stay at home and with normality of work returning for many tenants (I accept not all) and many people not unduly financially...
              22-09-2020, 14:44 PM
            • Reply to Tenants possessions left in abandoned property
              by MR M
              I did consider approaching a Tracing Agent to try to obtain the Tenant's current whereabouts or updated information about them but the feeling is that it is not worth initiating this yet as its too soon. They may not show-up as having set-up elsewhere yet or have generated updated information about...
              22-09-2020, 14:10 PM
            • Tenants possessions left in abandoned property
              by MR M
              The tenancy is a statutory periodic tenancy after the original AST ended. The tenant has rent arrears and a S21 was issued around 3 months ago. There is no deposit and an EPC, gas safety certificate and how to rent guide were all issued previously to the tenant.

              I believe that the tenant...
              16-09-2020, 10:03 AM
            • Reply to Renovation/Improvements vs Repairs / Maintenance
              by newtenant9011
              You can prevent the landlord from entering, as you have a right to quiet enjoyment, you can even replace the locks if you would like.

              In turn, the landlord could issue you a section 21 notice, but the notice period is 6 months currently plus the court backlog.
              22-09-2020, 14:08 PM
            • Renovation/Improvements vs Repairs / Maintenance
              by thesleepingdog

              I am having A LOT of trouble with my LL who is continually asking to carry out improvements on the property. It is literally nonstop and it has got to the stage where I am utterly fed up and want to leave.

              During my tenancy he has replaced all the windows in the house,...
              22-09-2020, 13:22 PM
            • Reply to Rent Rises in 2020
              by DPT57
              In my part of London there is no market justification for rent increases and imo increased individual landlord costs is not a reason to raise them....
              22-09-2020, 14:07 PM
            • Reply to Rats
              by ChrisDennison
              These are very interesting comments, one of my councils (South West) told me they had to stop these services unless in public areas.
              22-09-2020, 12:35 PM
            • Rats
              by ETB
              I have a tenant who has reported that he can here rats in the walls and ceiling of his 4th floor apartment. He says there are other complaints on the tenants facebook group. I have messaged the maintenance company (Name removed) but they are not replying. Just wanted to check who is liable, I'm assuming...
              21-09-2020, 22:15 PM