construct a periodic tenacy agreement

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    construct a periodic tenacy agreement

    My tenant has been in the property for a period beyond the original assured shorthold tenancy (AST). I understand that then automatically became a Stautory Periodic Tenancy (SPT)with the same conditions as before, but rolling over on a monthly basis.
    I would like to put this SPT in writing and change some conditions to the previous:

    1)If the tenant agrees to my new conditions by signing the new agreement does that supersede all that went before?

    2)Do I need to issue a notice to quit (one was issued at the start of the original AST) although they do not actually leave?

    3)Should I issue an S21 at the start of the new SPT, or can that not be done as there is no set termination date?

    4) When I draw up the new SPT do I need to make reference to the origanal AST date etc?

    My apologies if this has all been asked before.

    #2
    Originally posted by stewy View Post
    My tenant has been in the property for a period beyond the original assured shorthold tenancy (AST). I understand that then automatically became a Stautory Periodic Tenancy (SPT)with the same conditions as before, but rolling over on a monthly basis.
    Yes.

    I would like to put this SPT in writing and change some conditions to the previous:
    If you and the T agree to a periodic tenancy in writing with different terms, then it will no longer be a statutory periodic tenancy, it will be a contractual periodic tenancy.

    1)If the tenant agrees to my new conditions by signing the new agreement does that supersede all that went before?
    Yes. Any new replacement contract automatically surrenders and replaces the existing contract.

    2)Do I need to issue a notice to quit (one was issued at the start of the original AST) although they do not actually leave?
    You cannot give a notice to quit to an AST tenant.

    3)Should I issue an S21 at the start of the new contractual PT, or can that not be done as there is no set termination date?
    You may serve a s.21 notice at any time after the new tenancy starts (and so long as you have complied with deposit protection requirements). It's pointless to do so, however, unless you are planning to apply for possession in the near future.

    4) When I draw up the new contractual PT do I need to make reference to the origanal AST date etc?
    No.

    Comment


      #3
      An alternative is to serve notice on the tenant to change the terms of the statutory periodic tenancy.

      See section 6 Housing Act 1988.

      Comment


        #4
        Originally posted by westminster View Post
        An alternative is to serve notice on the tenant to change the terms of the statutory periodic tenancy.

        See section 6 Housing Act 1988.
        Thanks Westminster, much appreciated

        Comment


          #5
          You don't need a new agreement if you & T are happy with current arrangement - the previous "fixed term" tenancy still stands, in writing, other than now being SPT periodic...

          Many landlords simply let tenancies carry on like that (others take different approaches..)
          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...

          Comment


            #6
            Originally posted by theartfullodger View Post
            You don't need a new agreement if you & T are happy with current arrangement - the previous "fixed term" tenancy still stands, in writing, other than now being SPT periodic...

            Many landlords simply let tenancies carry on like that (others take different approaches..)
            I think that as I intend to change conditions and rent I will go for a new contractual periodic tenancy, and hopefully, avoid complications down the line.. Thanks

            Comment


              #7
              In drawing up the Contractual Periodic Tenancy do I need to make mention of Section 8 of the Housing Act etc, or by doing so am I creating another AST

              Comment


                #8
                Whatever replacement tenancy you grant, it will be an AST, whether it's a fixed term AST or a contractual periodic AST (or a statutory periodic AST deemed to have been granted by you under s.5 Housing Act 1988).

                Edit: Please do not attempt to DIY draft the contract. You say you wish to avoid 'complications down the line'. DIY drafting is the ideal way to create complications down the line.

                Comment


                  #9
                  Thanks Westminster. Point taken

                  Comment

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