AST v Periodic Tenancy

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  • AST v Periodic Tenancy

    Three questions relating to the 6 month AST coming to an end:

    1. what are the advantages/disadvantages of allowing it to lapse into a periodic tenancy?

    2. if the conditions of mortgage include 'must be let on an AST' does this preclude periodic tenancy?

    3. if the AST is renewed does the whole agreement have to be printed off and signed or is it sufficient for tenant and landlord to sign a renewal notice (and what has to be in the notice)?

    Many thanks for your help.

  • #2
    If you're a new landlord then you need more advice than can be offered here as you will see, and that my answers are really quite simply implemented. Most landlords would know all this.
    Originally posted by topcat View Post
    Three questions relating to the 6 month AST coming to an end:

    1. what are the advantages/disadvantages of allowing it to lapse into a periodic tenancy? it continues on a month-by-month basis rather than for the fixed term

    2. if the conditions of mortgage include 'must be let on an AST' does this preclude periodic tenancy? All resdential tenancies are by default ASTs whether fixed term or when they are periodic

    3. if the AST is renewed does the whole agreement have to be printed off and signed or is it sufficient for tenant and landlord to sign a renewal notice (and what has to be in the notice)? You can do nothing and itautomatically becomes periodic, or you can draw upp a new agreement for a further fixed term

    Many thanks for your help.
    The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

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    • #3
      And, if you have a letting agent, try to avoid any automatic liability to pay fee for unnecessary work on unwanted renewal!
      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
        Please note that some letting agents insist that tenancy agreements need to be renewed every six months, or they may suggest a yearly agreement with "break clause." They do this merely because they can justify earning extra fees to renew the lease every six or twelve months. It is totally unnecessary. The tenant should be provided with an initial AST with a validity of six months. At the end of this period, no action should be taken so that the agreement becomes statutory periodic as explained above. Under these circumstances, the tenant can leave provided he gives you one months notice and you can to likewise to the tenant provided you give at least two months notice. Only if a tenant specifically requests security of tenure in excess of two months can you consider granting another AST for this purpose.

        P.P.
        Any information given in this post is based on my personal experience as a landlord, what I have learned from this and other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person.

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