Periodic Tenancies Explained, Including The Advantages & Disadvantages

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What is a periodic tenancy?

A Shorthold Tenancy automatically becomes a “periodic tenancy” if new contracts aren’t signed after the fixed-terms expire in the original Tenancy Agreement and the same tenant(s) remain in the property. All the same terms and conditions apply, but the only difference is that a new periodic contract begins, otherwise known as a ‘rolling’ contract, which typically runs month-by-month.

The “period” is dependent on how frequently the rent is paid. For example, if the rent is paid on a PCM (Per Calendar Month) basis, which is most often the casem then the contract will run on a month-by-month basis (unlike fixed term contracts, which most commonly run for 12 months). Same principle applies if the rent is paid on a weekly or bi-weekly basis. Some run from quarter to quarter or even year to year.

Many people assume that as soon as a tenancy expires (e.g. the fixed date has come to an end/passes) that the tenancy automatically terminates. That is not true. The tenancy can only be terminated through proper legal processes e.g. serving a section 21, through mutual agreement, eviction (assuming there are grounds to do so) or if the tenant surrenders the tenancy.

When/how does a periodic tenancy begin?

To clarify, you don’t have to do anything.

As said, tenancies automatically become periodic immediately after the fixed date in the contract has expired. The landlord or tenant doesn’t need to do anything, and you don’t need a special kind of contract/clause.

What are the advantages of a periodic tenancy?

  • They allow flexibility e.g. if the landlord suddenly wants the property vacated, he/she can immediately serve a Section 21 Form – notice of possession, without having to wait for a fixed term to expire before the tenant has to vacate.
  • There’s no need to arrange another tenancy agreement, the clauses in the expired agreement will still apply. Additionally, saving paper is awesome!
  • A lot of snake-oil letting agents charge a tenancy renewal fee for renewing contracts. So, if a landlord allows the contract to transform into a periodic tenancy, a new contract is not required, consequently escaping the admin costs associated with the process.
  • If the landlord wants to be greedy and increase rent, or add any additional clauses to the contract, he can do so pretty sharpish, providing that the periodic tenancy is terminated and a new agreement is put in place. Since the period of a periodic tenancy depends upon the rent payment schedule, it doesn’t take long for any of the new clauses to be added since most rent is paid on a monthly basis.
  • Finally, the biggest advantage in my opinion, which makes periodic tenancies incredibly useful. It’s a lot quicker and easier to remove rogue tenants during a periodic tenancy i.e. Landlords can serve a Section 21 to regain possession, and providing that it’s been served correctly, the eviction process is usually a lot more efficient than serving a Section 8 Eviction notice.

What are the disadvantages of a periodic tenancy?

  • As I already experienced in a harsh life lesson, putting good tenants on periodic tenancies is risky because they can unexpectedly vacate pretty quickly.
  • Tenants typically only need to give one month’s notice when they’re on a periodic tenancy, which may not allow a comfortable amount of time for the landlord to find new tenants if the current tenant gives minimal notice. The issue can become extra stressful if the property requires cosmetic work in order to attract new tenants.
  • Over the years, new regulations have been passed through into the BTL industry (e.g. Tenancy Deposit Scheme). These new regulations should be mentioned in the tenancy agreement as statutory clauses. Point being, if you allow a contract to continually be periodic for a long period of time, it can slowly become out of date. It’s important to keep tenancy agreements inline with the law, so the T&C’s are always clear in black and white.
  • Finding new tenants can be expensive, so if you’re a landlord that prefers using 6 months fixed term agreements, and always allows the tenancy to go periodic, you’re leaving a big window of opportunity for a high tenant turnover rate. It can often be more cost-effective to fix tenants for long term. Of course, that’s largely dependent on your own judgement to decide on whether you have good tenants or not that are worth the commitment.

Contractual Periodic Tenancies

“Contractual periodic tenancies” are slightly different to “Periodic tenancies”

A contractual periodic tenancy exists when both landlord and tenant agree in contract that the tenancy will become a periodic tenancy, as opposed to allowing it to naturally roll into one without any mention of it (after a fixed term contract expires and where a tenancy isn’t renewed, the tenancy will automatically become periodic).

It be a contractual periodic tenancy in three ways:

  • 1) By making it clear in the original tenancy agreement that the tenancy will become a “contractual periodic tenancy” after the fixed period (the word “contractual” should be stated).
  • 2) By getting the tenant to sign a periodic tenancy agreement when the fixed term contract is shortly due to expire, so it will get overtaken by the new periodic tenancy agreement.
  • 3) It is possible start a tenancy with a periodic tenancy rather than a fixed term of 6 months or 12 months. You can do this by giving the tenant an initial term of just one month (or a week) and then just allowing it to run on. However, bear in mind you cannot serve notice to the tenant for at least 6 months, because they are still protected by their statutory rights which stipulates a shorthold tenancy cannot be shorter than 6 months. This can only be overturned if there is a mutual agreement by the landlord and tenant for the tenancy to end.

Of course, the contract is still rolling like a regular periodic tenancy, based on how frequently rent is paid.

It’s actually a good idea to have a contractual periodic tenancy. Landlords are responsible for the costs of council tax if the tenants are on a periodic tenancy and move out during a notice to quit (eviction notice, Section 8) period. During the period of notice if the tenants choose to move out it does not exclude the landlord from paying council tax. However, if is a contractual periodic tenancy and tenants move out during notice we are covered and the responsibility for payments falls to the tenant.

Additionally, it is worth noting that if your tenant is on a periodic tenancy and rents another house (not that likely you may think but it does happen) then the responsibility for payment will once again fall to the landlord, unless it is contractual.

Conclusion

I know many landlords, including myself, favour periodic tenancies because of the flexibility. I generally like things to dangle and have wiggle room :) But it’s important for landlords to remember that the flexibility also applies to tenants. Once the tenancy becomes periodic, tenants have the ability to vacate quickly, and leave the landlord with a lot of work to do in a short space of time, especially if the property needs to be repaired in order to become presentable. Finding good tenants isn’t always the easiest, cheapest or quickest of processes.

So, my question to my fellow landlords, do you allow tenancies to go periodic? Do you have any kind of game plan when it comes to contracts?

123 Comments- Join The Conversation...

Showing 73 - 123 comments (out of 123)
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Pat 28th September, 2015 @ 13:09

Hi , I'm a landlord and have the very best tenants. They've had a two year contract that is due to expire. Before that they had six months, and before that I had the tenant and agent from hell. But it taught me how to do everything myself. The tenants are a couple in their 70s,and have been very open with me....If either one dies, the other won't be able to pay the rent. They have done a lot of work on the house and it is immaculate. We also have done everything they have asked us to do. Perfect. I don't feel that I could give them two years again, but would be prepared to cut my losses at a six month tenancy. Would not risk letting again, so while the house is in good condition would hope to sell. Would this be better than letting it go to a rolling tenancy.They would have a little more security. Also as they would be going for council property, is it enough for me to give the end of the tenancy date, for them to have to quit my house. From previous dealings I understood that the council will not recognize anything, other than an eviction notice from the court. Without that they are intentionally making themselves homeless.Also they have a daughter with children, who also lives in rented property.I don't want to risk them moving in so the full rent is paid.Is there a way that they could move in without my consent ?

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Jamie 14th October, 2015 @ 09:20

Hi, I currently rent a property which I signed to live in for 2 years, now there has been some confusion as the landlord wanted us to sign a new contract for 2 years and incresed the rent by £30 pcm. We signed the agreement but there was confusion at the estate agents who said they had not received the contract, now all of a sudden they apparently have. Also a £90 charge to sign the new contract has not been by us and having looked on the tenancy deposit scheme website it says our deposit runs until 'periodic'. Does this mean we are not actually tied down for the next 2 years and are actually rolling month to month?

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pat 18th October, 2015 @ 14:35

Hi,

Three question please, our 6 month assured tenancy with contract has expired, the landlord does not want to pay for a new contract and wants us to pay him monthly directly bypassing the agent. Do we get our deposit back? Our property had no water supply for 3-4 weeks during assured tenancy we had to buy bottled water and had to boil that water for washing, also we had to vacate does this make the property uninhabitable we had to go on holiday for one week after the water board issued a 30 day compliance, new pipes and supply had to be fitted, how much rent are we entitled to reclaim? If our rent expired on the 26th September and we are continuing on a non contract periodic basis is one month due again on the 27th October as the Landlord is trying to ask for 2 months so we stay ahead, and also even though he no longer uses agent feels our deposit will stay with them, we feel that contract has ended and should be returned to us what is the law please? it seems wrong we have to fork out now £2,000 in one month and still have our deposit with-held. Thank you.

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sammy 27th May, 2016 @ 16:06

can somebody advise me, I was a guarantor for somebody but thought it would only be for 6 months. Once she could prove she was responsible for paying rent I thought the agreement would end

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helen 28th May, 2016 @ 08:54

My tenant had a 12 month contract which expired last October and went on to a rolling contract. He has now advised he is looking to move and asked how much notice he needs to give. I would like to say 2 months, but would this be legal as we have no written rolling contract, or must I accept one month.He has been a good tenant but now needs something bigger.

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MdeB 4th June, 2016 @ 23:19

Helen, I believe that the law for notice by tenant is "at least one month's notice ending on the last day of a tenancy period is required".

The law (I believe Housing Act 1988) states that the tenancy becomes a Statutory Periodic tenancy on the same terms as the original tenancy EXCEPT for the notice period.

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MdeB 4th June, 2016 @ 23:32

Sammy,
It depends on what the document you signed says, and the type of tenancy agreement.

If the tenancy agreement gives the term of the tenancy as a fixed period and does not state something like "continuing thereafter on a periodic basis", then it is likely that you are guarantor only for the fixed term.

If it does say something like the above, then it is likely that you re guarantor until the tenancy ends.

If a new tenancy agreement is signed then you are no longer guarantor.

The document you signed as guarantor may override the above generalisations e.g. it may say that you are guarantor for any Statutory Periodic tenancy.

If you are being chased as guarantor and believe that you should not be, then seek proper legal advice - I am not a lawyer.

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Steve 19th June, 2016 @ 06:07

We are just about to receive a contract for a 12 month let, but I would like it specifically stated in the contract that it revert to a periodic tenancy at the end of the 12 month period. Should this be included in the 'Special Conditions' section of the contract? The main reason I want to do this is that I don't want to pay the £140 fee the agancy will charge for a new contract and would like the flexibility of periodic tenancy once our 12 months is up. The agency is hesitant to even consider this, probably because they don't like to miss out on their fee, though I would think they should take this request to the landlord surely before they reject it?

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Simon Pambin 19th June, 2016 @ 15:18

Hi Steve, I can see why you might feel more comfortable with such a clause but in reality it's redundant. A statutory periodic tenancy is just what happens in the absence of a contract so, when your 12 month contract ends, if you don't sign a new contract at that stage, then a statutory periodic tenancy is what you will have. It's then up to your landlord whether he wants to retain you as a tenant on that basis or ask you to move out. I agree the £140 is a ripoff but I dare say if you demand a bespoke contract, they'll come up with a bespoke price to match!

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Steve 19th June, 2016 @ 15:43

Thanks Simon, that makes sense. I'll let it slide for now and deal with it at the end of the 12 months.

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Namratha 25th September, 2016 @ 13:19

hi,
my AST contract ended 20th August, I told my landlady I'd be staying on. During the tenancy I had I paid rent on a termly basis i.e 15 or 16 weeks. Since she increased the rent for the new term beginning 17th Sept, does this mean that my old contract cannot lapse automatically into a periodic tenancy?
I want to stay on but I won't be able to commit to a full year so I did not know what to ask. If I leave giving 1 month notice will I be entitled to ask for my deposit back?

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Dave 25th September, 2016 @ 14:41

Namratha.
My understanding is that as long as you haven't signed a new contract, the same terms apply?
However, the landlord is still entitled to increase the rent periodically. Hope this helps.

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MdeB 26th September, 2016 @ 17:50

Namratha,

[I believe that] The periodic tenancy has a period equal to the last rent payment period under the original agreement. Also your 1-month notice must end at the end of a rent period.

ou should be able to get your deposit back, less any reasonable deductions.
If you cannot agree on deductions, then the deposit protection scheme should arbitrate and require the landlady to justify the deductions and award you whatever is not justifiable.

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Namratha 28th September, 2016 @ 18:24

Thanks Dave and MdEB
if, I paid 4 weeks'rent for the time between when the AST fixed term ended and the new term started this would mean I'm on a periodic tenancy, right?
I'm not keen on signing a new contract so I've been dodging the landlady. I could ask for an individual contract but I'm sure she'd refuse and serve notice.
Does anyone know how long it takes to get a deposit back?

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MdeB 2nd October, 2016 @ 21:07

Namratha,

If the landlady has not served notice for possession after the end of the fixed term and you have not vacated by the end of the fixed term, then a periodic tenancy arises.

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Dave 2nd October, 2016 @ 21:21

Namratha

The deposit is only released once the premises are vacated.
Always received mine within a couple of weeks.

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Ray Bensley 12th October, 2016 @ 08:37

We took on a 12 month short term tenancy which ends on 29 Nov. We paid 1 year rent in advance and the Agent had an Introductory only contract with our Landlord. The Agent is now asking us to pay £240 for Bank/Landlord References and £84 for a new Tenancy Agreement. The Agent said we could either take a 6 month or another 12 month term by paying in advance for the agreed term, in either case we would only need to pay for a new agreement. We both thought that the tenancy would aoutmatically go onto a Periodic lease. Are we right?

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Dave 13th October, 2016 @ 09:30

Yes Ray you're right.No need to pay for new agreement. Go back through previous comments, it's all in there. Good luck

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MdeB 13th October, 2016 @ 21:42

Ray,

1. Have you spoken to your landlord to verify that he/she knows and agreed with the agent's action?

2. If no S21 notice is served before the end of the fixed term, then (I believe) the periodic tenancy will be a 12-month periodic, not a 1-month periodic. The law is that the period is whatever the period of the last rent payment due was [Housing Act 1988 Section 5(3)(d)]; so as you paid 12-monhs up front for a 12-month tenancy, the period becomes 12 months. However, if the agreement says the tenancy will continue after the fixed term as a periodic tenancy, then the period will be as stated in the agreement.
If S21 is served before the end of the fixed term, then no periodic tenancy is created.

3. Personally, I use an agent for tenant-find only and take responsibility from day one (no more agent involvement), and I let tenancies become periodic UNLESS the tenant wants a new agreement (no charge for periodic, charge for new agreement because I have work to do).

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Michael 10th November, 2016 @ 14:00

Hi, Apologies if this has been answered but a friend of mine is having an issue.

Lets call them 'A'. A's fixed term contract is ending on 30th November. There are 3 housemates, treated as 'the tenant', all signed the contract and are jointly and severally liable. A wants to leave the house and the contract. However, the estate agent has said that the tenancy will become periodic and A will still be liable for rent if she leaves. A periodic tenancy was not stipulated in the contract they signed last year.

What are A's options?;

1) A leaves and hopes the housemates cover the rent. Unless agreed by them does she still need to pay rent until the tenancy ends or they find a new tenant?

2) Convince housemates to end the tenancy agreement?

All help welcome, we are under a bit of a time constraint due to a new contract at another proprty waiting for us( we wont sign obviously until this is sorted)

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Namratha 10th November, 2016 @ 19:15

@Michael - Is A's housemates ok with her finding a replacement? If yes, it can't hurt A to put an ad out there to find someone to replace her in the tenancy. In a joint tenancy, housemates can object to you bringing some unknown person in , citing that they're the ones who will have to put up with this new person but it is best for A to let them know of her intention to let the room out in the first place so there's no surprises.
As far as I'm aware, a periodic tenancy offers either party the chance to end the contract giving 4 week's notice (sometimes shorter-say 2 weeks). So I don't understand what the agent meant when they said she'd still be liable? She's only liable for rent if she fails to find someone to replace her and fails to provide enough notice of her intent to leave.

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Michael 10th November, 2016 @ 21:29

Hi Namratha,

A has given 2 months notice to the tenants, agency and landlord. Does this mean that she would have to at least one month of periodic tenancy and give notice? I.e AST contract ends on 30th, she gives notice on the 1st?

She has been actively looking for a housemate and everyone is aware. We just need to know if she can legally leave the property and contract on the 30th without being responsible for any payments after that regardless or what the other housemates choose to do.

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Namratha 11th November, 2016 @ 10:17

Hi Michael,
If she's successful in finding someone to take over and this person signs the contract, it essentially releases her and she won't be liable for further payments. Her other (and more difficult to negotiate) option is to get everyone on board the idea of terminating the contract jointly. But its easier to find someone to replace you than to convince several people it is in their best interest to terminate.
I'm drawing this from my personal experience as an AST tenant, I lived for a year on a student property and carried on to the next year not notifying my landlady I don't plan on staying the whole year. When I didn't sign the contract she asked me what was up and wasn't exactly too pleased (as you can imagine if you were in her place) when she heard I was leaving before the new term expired. I however assured her I'd find someone to replace me and did so after advertising it on gumtree. The new person met her and me, signed the contract and he's moving in Jan which worked out well for all 3 of us. Luckily for me my housemates didn't object and landlady didn't outright refuse to allow replacement. As far as I know, periodic tenancies offer more power to the tenant because if the living arrangements don't suit, they can easily just go since they're not bound by a contract stipulating a certain time frame ( is there such a contract in place? if so, she's on some sort of Assured Shorthold Tenancy-min term 6 months) I hope this helps.

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Michael 11th November, 2016 @ 10:37

Hi Namratha,

Thanks for the further reply. The 12 month contract expires on 30th November. Is she automatically tied to the periodic tenancy even though this is not stipulated in her original 12 month contract?

She has also been told twice by the agency that she is ok to leave on the 30th, other tenants become liable, however, they then clled back to say sh was given false information. we are seeking legal advice from citizens advice today so hopefully clear it up

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MdeB 11th November, 2016 @ 11:12

Michael,

If A has given valid notice to the landlord/agent, then the tenancy ends at the end of the notice period (assuming that is the end of the fixed term) and she has no further liability.

ALSO, that notice ends the tenancy for ALL the tenants.

If the other tenants wish to remain after the fixed term, then they will need a new agreement with the landlord/agent. If they do not do this and stay in the property, then under the Distress For Rent Act the landlord can claim double rent from them. I do not know how this 'double rent' claim would affect A if she has vacated; I can see arguments both for and against her being liable.
A needs to tell her co-tenants that their tenancy will end so that they can take appropriate action (they have already had 2 months' notice, but may not have understood the legal implications of this), probably seek a new agreement to stay.

For information: A periodic tenancy automatically arises if the fixed term ends, neither side as given notice to end the tenancy at the end of the fixed term, no new tenancy agreement is signed, and the tenant stays in the property.

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Michael 11th November, 2016 @ 11:16

Hi MDeb,

Please can you explain how this ends the tenancy for all tenants if only she has given notice? (IS this to do with Joint and Severally liability?)

Only she has given notice of ending the tenancu

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MdeB 13th November, 2016 @ 21:49

Michael,

It ends the tenancy for all because that is what a court determined (I do not have the reference to hand).

The essence is that every named person constitutes the 'tenant', so notice by one is notice for all.

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MdeB 13th November, 2016 @ 21:59

I have googled this and found:
a) Hammersmith and Fulham LBC v Monk (1992), confirmed in
b) Sims v Dacorum Borough Council (2014).

See http://www.wilsonbrowne.co.uk/joint-tenancy-sims-v-dacorum-borough-council-confirmation-notice-given-one-joint-tenant-ends-tenancy/

However, there is a suggestion that if the tenancy agreement has a term to the contrary, then that term takes precedence.

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Michael 14th November, 2016 @ 09:02

Hi MDeb, really appreciate the help and this is what we wanted to hear! I am not too clued up on legal knowledge, to clarify;

If a replacement cannot be found, A has to switch to the periodic tenancy, serve notice on 1st December (4 weeks as this is how frequently rent is paid) to signify ending the periodic tenancy on 29th December, this in turn ends the tenancy for all?

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MdeB 15th November, 2016 @ 20:53

Michael,
NO.

If, as you say, A has already given notice to end at the end of the fixed term, then the tenancy ends then. As notice has been given, A does not have to find a replacement.
If the others wish to stay in the property, then they will need a new tenancy agreement, either just for them or for them plus one other who THEY need to find.

It is only if A has not served valid notice to end the tenancy at the end of the fixed term that she would need to serve notice ending at the end of the first month of the periodic tenancy. Note that minimum of one month notice ending on the last day of a rental period is required to end a periodic tenancy (even if the tenancy agreement says something else, UNLESS the tenancy agreement explicitly says the tenancy will continue on a periodic basis at the end of the fixed term).

SO, if A has served valid notice on the letting agent, then she need do nothing more as the tenancy ends at the end of the fixed term and she can walk away. If the letting agent then accepts rent from the remaining tenants, then that creates a NEW 6-month tenancy for them.
If A has not served valid notice, then she should serve it now to end at the end of the first period of the periodic tenancy.
See http://england.shelter.org.uk/get_advice/private_renting/ending_a_tenancy/ending_a_periodic_agreement

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Nick 22nd November, 2016 @ 09:46

I have a tenant originally on a 6 month shorthold tenancy which automatically become a periodic tenancy and has been so for many years . I would like to make a modest increase in rent (still below market rent) . Can I simply secure agreement in writing from tenant or do I need to issue a section 13 notice ? Thanks

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MdeB 24th November, 2016 @ 00:16

Nick,

Yes.

If tenant agrees to the increase, then that is all there is to it.

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Alison 29th November, 2016 @ 16:02

We have been tenants on an Assured Tenancy for 24 months with no problems on either side & happy with the arrangement. However, We have today received a letter informing us that the we are now residing at the property on a Periodic Tenancy and with a rent increase £1,150 to £1,6500.00 per calendar month.

Is this possible and in accordance with current legislation. Please advise.

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Simon Pambin 29th November, 2016 @ 17:19

Hi Alison,

If your previous AST has ended and you haven't signed up to a new one, then you are indeed in a Statutory Periodic Tenancy, so that much is true. However, your landlord cannot just hike the rent up by 40% (or at all!) without either gaining your consent or going through the proper process, which is a Section 13, see http://www.propertyinvestmentproject.co.uk/blog/notice-of-rent-increase-form/

How does £1,650pcm compare to similar properties in the area? Is it reasonable? Ultimately, if you're unable to agree a fair rent, your landlord could serve you notice and find new tenants but in doing so he will incur costs and still may not find anybody who is prepared to pay what he wants.

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Louise 8th January, 2017 @ 18:37

I used my agent's contract which was a monthly tenancy agreement but the rent was payable 6 monthly. Now this annual tenancy is about to expire. I have served a s.21 and am waiting to see whether my tenant (or subtenants, rather) will leave.

I am unsure whether the court will accept a s.21 with a 2 month notice period, given that I received two payments of 6 months' rent during the year's tenancy. Also, my s.21 expires 10 days after the tenancy agreement ends. Does this mean I am on a periodic tenancy? If so, is it a 6 month periodic tenancy? (because rent was paid 6m in advance) Can I ask for rent monthly during the process of applying to the court?

with thanks

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Claire H 24th January, 2017 @ 23:05

I am a landlord with a tenant that has had a 3 year assured shorthold tenancy that ended in December 2016. She did not renew the agreement so I assume she now has a statutory periodic tenancy. We informed her that the rent would be increasing from £650 to £900 per month which is reasonable for our area. She did not pay the increase and she was issued a Section 21 notice for the rent to officially increase in March 17. She has informed us recently that she cannot pay the increase with the absolute maximum she could afford being £700. She is a single parent on housing benefit and became a tenant as a favour to a relative. She states that she cannot find anywhere else to live and council will not assist until she is served with eviction. I have always been upfront (right from the start) with her about future increases and this would be the first increase. Any suggestions as to next action are gratefully appreciated as this is the first time I've had to deal with this.

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The Landlord 25th January, 2017 @ 10:15

@Hi Claire

My initial thoughts are... that's quite a big jump in rent.

Despite whether or not you were undercharging, you set the rate at £650, and now forcing a 30% rent increase after 3 years of being a tenant. I don't think anyone would be comfortable with that.

In any case, you can't serve her an eviction notice until you have grounds e.g. 2 months of arrears. But if she fights her corner and this goes to court, my opinion is, I don't think the Judge would actually favour you in this case. But as said, that's just my opinion.

I think the only thing you can do is wait and see to see if she vacates on the day that is specified on the Section 21 notice. If not, you'll have to get a court order to get her removed. Assuming you have served a valid Section 21 notice, it should be relatively straight forward in your case.

I would personally talk to her, accept the £700PCM for now, and advise her to look for a new property.

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MdeB 25th January, 2017 @ 19:17

@Claire 108

Seems to me that you are being greedy.

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Sarah 7th February, 2017 @ 09:54

We have rented our current property since 28 august 2012. The initial 1 year period came and went and we didn't sign a new contract. We are now going into married quarters and after enquiring about notice period, have been told it's 1 month in line with our original start date. We have been given our move date by the mod and are happy to give 5 weeks notice to our letting agents, taking us to Monday 13th March. But if we have to wait until the 28th to give notice, we will be paying rent on 2 houses for a full month. Which we can't afford to do. We have already moved our move in date once due to my husbands deployment and the mod won't allow us to move it again. Can our letting agents insist we go 28th to the 28th? Tia. Sarah :)

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John 7th February, 2017 @ 15:31

I had agreed a 6 month shorthold tenancy and stayed 6 months more on a periodic tenancy and would like to move out now. The estate agents have said I need to give a 8 week notice in writing which seems a lot I would have thought 4 weeks would be ok? even if its contractual periodic is 8 weeks legal?

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MdeB 7th February, 2017 @ 21:15

@sarah 111: They can, but try going in and talking to them to explain the situation; you might talk them round.

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MdeB 7th February, 2017 @ 21:44

@John 112: If it is a contractual periodic tenancy, then it can be anything that you and the landlord agreed.

If it is a statutory periodic, then it does not matter what the tenancy agreement says (Housing Act 1988 S5(3)(e)). I believe the rules are (but I cannot find them):
If you pay rent monthly, then it is 1 month ending on the last day of a rent period.
If you pay rent weekly, then it is 4 weeks ending on the last day of a rent period.

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Jay E 14th February, 2017 @ 18:36

We are tenants who have been renting a property for two years now, the first year on a fixed tenancy agreement which then was changed after 12 months onto a Contractual Periodic Tenancy, currently on going.

12 Months into this Contractual Periodic Tenancy the landlord has requested an increase in rent by a small amount which we have agreed is fair and reasonable and they have also appointed an agent to draw up a new 12 month fixed contract, which again is fine with us. The changes the landlord has requested are fine , however the agent is asking us to pick up the bill for this new contract? This doesn't seem right at all?

Our original tenancy agreement (for the initial fixed term 12 month tenancy) outlines extending our tenancy will come with a renewal fee which we paid when we went from a fixed to a Contractual Periodic Tenancy. However the agents are asking us to pay yet again (pointing out this original clause in the fixed agreement) for this new fixed contract which was requested by the landlord, which will change us from a Contractual Periodic Tenancy to a fixed.

Can anyone shed any light onto why we need to pay for this contract and why this isn't being paid for by the landlord?

Many thanks in advance!

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plug 14th February, 2017 @ 19:35

@Jay E Why not agree to a new fixed contract but only subject to no fees? The contract renewal fees in the UK are a scam and do not reflect the actual cost as it really just involves some office lacky changing a few items on a document and getting a few signatures and does not really add any value in your case, so don not pay it. The letting agent is already fleecing the landlord, so is really just double dipping. Don't let the agent bully you and if they do, get the landlord involved as they will not want to lose a good tenant as it costs them dearly in agent fees (bit of a theme going here with agent fees). Letting fees in the UK charged to the landlord and tenant are out of control and letting agents are really just taking the piss. In most civilised countries these types of fees to tenants do not exist and the fees agents charge landlords are lower, so letting agents in the UK are a big con and just need to be regulated. Have you ever wondered why there are so many letting agents in the high street? Fees, fees, fees!

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MdeB 16th February, 2017 @ 11:02

As the landlord has requested the new contract it seems unreasonable to me to ask you to pay for it (although there is the clause in the contract).
What exactly does your existing contract say about renewal (as it also seems unreasonable to pay for the tenancy to go onto a periodic); it may be that the clause is unfair under consumer protection law.

As a landlord I do charge a small fee (£20) for a new contract if the tenant asks for one, because it does involve some work on my part. My preference is to allow tenancies to run as periodic, as it gives the tenant flexibility to get out if they need to, but if tenants want to commit for a new term, then I will accommodate them.

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bill 11th March, 2017 @ 16:29

Unaware of licence scheme introduction I issued a section 21 notice to my joint tenants as I dont wish to let to the remaining tenant (partner split unable to afford only income DSS) I now find I cant enforce section 21 as not licensed.The tenancy is currently jt periodic the initial 6 month assured tenancy expiring in 2014. Do I have to issue a new tenancy agreement to the remaining partner which ties me to a minimum 6 month tenancy (plus 2 months to give notice) or could I leave the tenancy as it is (periodic jt tenancy) register for the licence then re issue section 21 notice?

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bill 11th March, 2017 @ 19:04

@claire108 im sure if it is a periodic tenancy you can serve Notice 21 without any reason so long as you haven`t contravened any rules/regs re tenancy and you give the appropriate notice which is probably 2 months

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Chris 14th March, 2017 @ 12:56

Hi, hope you can help. I'm a landlord who has a tenant that I like with the existing 12 month contract expiring in mid June. He has indicated to me that he is looking at buying a property but has nothing concrete in place right now, however I would say he is unlikely to want to sign a new 12 month contract when this one expires. Ideally I would want 2 months notice when he wants to move on, as mentioned he's a good tenant and I don't want to stand in his way when he does find somewhere to buy however I would like to be covered as best as possible when he does hand his notice. Am pretty confident in finding new tenants in 2 months. What would people suggest is the best way of covering myself but also having something flexible enough that the tenant would be happy to sign? I've heard about contracts with 2 month break clauses, this on the face of it sounds perfect but in reality don't know how these work or if the paper they are written on is worth anything!
Cheers
Chris

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Nick 25th March, 2017 @ 18:25

One month after my six month fixed term contract expired the letting agent contacted me and told me I had to sign another six month contract. At that point I had just lost my job and luckily got another within 2 weeks so as things were chaotic I did not research this. The agents also charged me a £75 contract renewal fee.
Am I correct in thinking that I should have turned around and told them that as the six month contract had expired I was automatically on a periodic tenancy and by the way you cannot charge me as the same contract terms continue?
It will be interesting to see if they try the next six month renewal before or after this one expires.

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Simon Pambin 25th March, 2017 @ 21:31

Hi Nick,

You're right up to a point: there's no requirement to keep renewing the contract every time. Agents tend to like them because it's easy money. If you do let the agreement turn into an SPT then you lose a measure of security in that you can be given two month's notice to leave, but if the alternative is only a six month contract then there's not a lot in it anyway and, if you're a decent tenant, no landlord is going to be in any hurry to sling you out and go to all the expense of finding a new tenant who's an unknown quantity.

Ultimately, the decision is down to your landlord, though. Some just prefer a written contract every time, although few would think it worth the cost of replacing a good tenant.

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Dee 8th June, 2017 @ 13:50

Hi,
I would like some advice please. I rented a property in November 2016 and, paid all the fees the letting agency asked for after signing the initial 6 month contract. I pay 1550 a month which is kind of steep for the area but, i love the house and it's location so agreed to pay same. I however spoke to the landlord at the time of renting saying i felt the rent was rather expensive. He assured me that he would leave it at that for a few years (no increase). This was a gentlemans agreement with nothing written down.
At the end of the 6 months, (in April 2017) the letting agency sent me a new contract showing an increase in rent by £50 to £1600pcm and, i was asked to pay £240 for the new contract too! I then called my landlord who said he knew nothing of the rent increase and that the agents onlý sent him an email to ask if he was willing to keep the rent same for the next 2 years.
Now i am sort of confused. I don't know who is not being straightforward here. I would like to stay in this house for a few years but then, i do not want to be conned by this letting agent.
What do you suggest? Go on to the rolling contract not signing any new contract? The other option would be to start to search for a new house.
Thank you!

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