Statutory periodic tenancy

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    Statutory periodic tenancy

    Hello everyone, and Happy New Year!!

    I Just need a bit of confirmation around an AST progressing into a statutory periodic tenancy. Previously as the landlord I have always preferred to renew the AST, but I am considering allowing the AST to become a periodic tenancy to allow more flexibility should it be needed (i.e. tenant stops paying rent 2 months into a 12 month AST)

    The AST in question was signed after the 1st of October 2015, and I have served:

    EPC
    Gas Safety Certificate
    How to rent booklet
    Protected deposit and served prescribed information within 30 days
    Completed right to rent checks

    Am I correct in thinking that I do not need to do anything else when the AST becomes a statuory periodic tenancy other than:
    Serve a new "how to rent booklet" if it has changed in version since I last served it
    Provide any new Gas Safety Certificates
    The deposit is protected through the DPS scheme and it states that I do not need to re-issue the prescribed information etc

    I just want to make sure that I am complying with all necessary requirements should I need to serve a section 21(4) notice at some point. Additionally if serving a sct 21(4) notice as the agreement would be a 1 month rolling, then can I confirm that as long as two months notice is provided to the tenant it does not matter when the notice expires?

    Many thanksnod)

    #2
    If the deposit is protected wuth an insured scheme, you may need to update the details.

    The notice you would serve would need to be the prescribed version of the s21 notice - which no longer differentiates between s21(1) and s21(4) variants, so there is no need for the notice to end at the end of a rental period (although that does make things simpler).
    When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
    Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

    Comment


      #3
      Thanks very much for the response.

      The deposit is with the DPS custodial scheme, so I do not need to update anything which is easier.

      Regarding serving the 2 month notice, yes I understand I just issue the 'form 6A notice' and allow a minimum of 2 months + a few days for service. It makes sense if it coincides with the end of a rental period but not absolutely necessary.

      One thing I need to consider is the EPC expires in 2018, so once it expires would the existing tenants assuming they are still in occupation need to be re-served with a new one?? clearly any new tenants would require a valid EPC but I am not clear on whether existing tenants on a rolling periodic agreement would legally require a new EPC on expiry of the old one?? this is largely a technical argument as it makes sense to have a new EPC completed on expiry of the old one.

      Comment

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