How long can a periodic tenancy last

I am not able to locate a periodic tenancy agreement form on this site. Could anyone advise me on this? Thanks ps. I understand that a contract is not necessary but I prefer it so my tenant understands the terms Katalin What I mean is I do not understand why you would want one.

What benefits do you think it would offer? However, the only difference between a periodic tenancy agreement and a 'normal' tenancy agreement is the definition of the term. For a tenancy that becomes contractual periodic after initial term: X months from and including and continuing monthly thereafter until terminated in accordance with.

For a tenancy that is contractual periodic from the start: monthly from and including until terminated in accordance with. I will try again. MdeB thanks for your help. I misunderstood you the first time, sorry. My tenant is not the best one and also not the sharpest one. It doesn't work that way. The tenant can give one month notice, but LL still has to give 2 months notice via S21 notice AND S21 cannot be used during first 6 months since start of tenancy. What you want is for tenancy to become statutory periodic or contractual periodic, but it is too late for that now.

Thanks for your help, I appreciate it. Hi, I need some help and advice please. I'm a landlord and the first 2 years with my tenant we had an AST and the deposit was protected,but at the end of the second year we agreed to let the tenancy run between us as a "Rolling Contract" or [Periodic Tenancy as I now know]as the tenant wasn't sure of staying or any future plans etc..

Suffice to say I lapsed the Deposit Protection and the periodic tenancy ran for a further 2 years! Where do I stand?

Advice greatly appreciated asap. I have had the same tenant for 20 years. He has always been on housing benefit which has been received every 4 weeks in arrears.

However, due to finances I now need to sell the property. I do feel for the tenant as he thought this was his forever home but my finances are forcing me to sell. When the tenancy started the tenant paid a small deposit and had an assured shorthold tenancy, which obviously is now a periodic tenancy. There is only one Section 21 form to be used, the 6a but you must make sure that is the version with reference to Tenant Fees Act, best place to get is is from the Gov website as some local authorities are advising tenants to reject 3rd party ones even thought they are legal is properly constructed.

I am afraid that although the Deposit Legislation started in April , that does not necessarily mean you did not need to protect it later. There have been a number of amnesties, case law impacts and the deregulation Act, it will all depend on the number of AST's the tenant had and when they went SPT, have a look at the pages below and feel free to contact me using the information shown on those pages.

The following assumes that the tenancy IS an assured shorthold, and it became periodic before 6 April You are not required to protect the deposit; there are no penalties for not having done so. However, a valid S21 notice cannot be issued if you hold an unprotected deposit. Your options are 1: return the deposit; 2: protect the deposit. Then issue S21 notice at least a day later. Therefore they are not relevant and it is not necessary to serve them.

BUT courts and tenant advisers may not understand this subtlety, so if you can serve them, then do so and do not issue S21 notice until at least the next day. The form of S21 notice to use is also open to debate. The Government advice is that you do not need any special form for an old tenancy. However, there is a subtle legal argument that says only the prescribed form is valid.

Therefore I would suggest using the prescribed form 6A. Given the potential for courts to mis-understand the requirements for an old tenancy i. If the tenancy became periodic after 5 April and before 1 October , then the approach is the same, but you were required to protect the deposit and you may be open to penalties for not protecting the deposit.

Also a GSC if required for the property must have been served before the periodic tenancy started; if not, then subject to the result of an appeal scheduled for January you can never issue a valid S21 notice. If the tenancy started before , then it may be an assured tenancy. If it is an assured tenancy, then S21 cannot be used. They are now saying the depost is un-protected and I have to put in a new protection, which will be late.

My bad, they warned me but is this the case? Thea Nope, you don't need to register the deposit. We still keep paying rent every 14th. Now we have found a property which will be available to move out on 23rd of November Do we still need to give landlord 1 month notice? If yes when we should give the notice to move out on 23rd of November? The terms of the SPT are identical to the preceding AST except in term and notice requirements, where you must give a months notice if you pay monthly.

However, considering that the Landlord has issued you with a notice to quit I am sure that you can arrange to leave of a mutually agreeable date. I would say that it would be sensible to give your notice, next week on the 22nd October , it at least means you can't be held for longer assuming your payment period is monthly. It may be that your Landlord's S21 was invalid, there are strict prerequisites such as deposit protection, Prescribed information, EPC, How to Rent document and Gas Safety done properly.

That is something I would be please to help you with via the forum private message as this is an open blog. This may be necessary to avoid you getting hit for costs and his Court fee if you do not have a valid defence. IF you wish to contact me via the forum please use the instructions in post on the page below. I am having serious issues with my landlord, I think I am in a periodic tenancy now as my fixed term ended.

If you wish to contact me via the forum please use the instructions in post on the page below. I have recently purchased a property in England with sitting tenants.

The tenants are on a Statutory Periodic Tenancy. There is very little benefit of moving them to a fixed term unless you are trying to get them onto an agreement with new terms. You may find that the tenant prefers their current situation and you can propose a rent increase on an SPT. You refer to the tenant as a sitting tenant, I recommend you check their protected rights if the tenancy is very old.

If the tenancy is pretty normal then the tenant may be happy to move to an AST as they are currently on 2 to 3 months notice and an AST might give them a year or 6 months assured tenancy.

With their consent you do not really need to give notice at all, just ask them if they are prepared to sign a new AST that ends and replaces the current tenancy created in law when they did not leave at the expiry of the last AST.

If the deposit protection was not done properly for previous tenancies then they may think why not sign a new one on the off chance that it is another failure. If there was a failure to carry out a gas safety certification within 28 days of the SPT and the previous one had expired, then the tenant would be mad to agree as the fault cannot be rectifies and no S21 can ever be issued.

So as long as there was no S8 grounds they cannot be evicted in such circumstances. I need to get a definitive answer as to whether the agreement I made with a tenant, whilst still within their first fixed 6 month signed AST agreement period, for them to continue to remain in the property for a maximum of 3 months when the AST agreement date expired, would be classed as a 'contractual' periodic tenancy.

The key point I am trying to establish is that if our agreement did actually constitute a contractual periodic tenancy, as opposed to a statutory periodic tenancy, then a new tenancy did not start but it continued on from the previous 6 month fixed tenancy.

This agreement was confirmed by email only, there was no new signed agreement. The terms of notice were originally to remain as the fixed AST more for the tenant's benefit and rent amount did not alter. When she mentioned that she may need to leave mid-way through the month to secure another property, we agreed to this requesting that she give us 7 days notice instead of a month. In addition, we even agreed to pay her back part of his final month's rent. After reading the article published on this website, "Periodic Tenancies Explained", my view is that it was a contractual periodic tenancy.

I would be grateful to hear what you think on this matter and can provide more detail if required. I have a query regarding the term of an AST 12 month tenancy agreement. I am in the process of dispensing with the Letting Agents I have been using and as the current tenancy expires in a months time want to start managing my property myself.

The current tenant is exemplary and wants to continue staying in my property. He mentioned that he wouldn't mind me putting a 6-month break clause into my new tenancy agreement to ensure that I would get at least 6 months rent. However as the tenant can be easily described as 'good' I don't really feel the need to have flexibility or to 'let things dangle and have wiggle room'! So if I was to simply issue a 12 month tenancy agreement what is the down side for me as a landlord?

I have a tenant who paid me upfront for a 12 month tenancy agreement. I would like to let the tenancy agreement go into a statutory periodic at the end of the tenancy in July I am however unsure what the 'period' will be given the tenant paid me 12 months rent upfront rather than month by month? Does the statutory periodic run on a month by month basis even though the rent was paid 12 months in advance?

Hi Helen, once the fixed term expires and if you start accepting rent on a monthly basis then the periodic term will be month-by-month. If you accept another year up front, then obviously it will be like a 12 month fixed term again.

I really need to add the clause being discussed that allows landlord to insist on 2 months notice. I don't think you can enforce such a clause, even if it's written in the tenancy agreement. The minimum notice period is statutory law. Copy and Pasting additional terms to an existing tenancy is not a good idea because there are bound to be other terms that contradict the new term you are pasting.

I would advise you go back to your own Solicitor and ask them to draft you a "contractual periodic tenancy" so that the tenancy continues after a defined "initial term" until cancelled formally by break clauses, which themselves have the 2 month allowance you are seeking. The Solicitor will need to fully examine all clauses that may affect the new terms to make sure that they do not introduce a vagueness that may require interpretation by a Judge and not go your way.

Overall the contract needs to be equal to all parties, so you can't have any position e. If I were a tenant and unhappy with contractual periodic I would just give notice to end the tenancy but not leave, that would then create an SPT in law. The same applies if you activate a break clause, if they do not leave, an SPT is still created if they do not leave. So some might think it is a waste of time to bother changing the tenancy. What most landlords do is put in unenforceable terms, because they know tenants are often ignorant of the law.

However, they only have to speak to the Council housing dept or shelter or do a bit of googling to establish the facts. Any term that goes against common law is deemed an unfair contract term and if the contract is not defined well may invalidate other terms. To be honest most landlords are more worried about how many months they will have to give, until the end of May an S21 requires 6 months notice from the Landlord, it will be reducing to 4 months notice from June, under S8 the months of arrears required will be 4 months but that kicks in from August.

These are a tapering off of the Coronavirus regulations which will next be reviewed in September. That happens at the end of every fixed term tenancy, no need for a contractual periodic tenancy As I understood Jon's question, he was trying to get his tenant to be required to give 2 months notice as he himself has to give 2 months notice.

As you know, when a fixed tenancy ends a new Statutory Periodic Tenancy SPT is created in law, if rent is paid monthly it requires one month's notice for the tenant to end and 2 months notice from the Landlord. As you may remember, before the Deregulation Act , Contractual Periodic Tenancies CPT were popular to avoid avoid the creation on an SPT so that there was only one tenancy and thus only one set of sanctions if they forgot to protect the deposit.

Most Landlords went back to a fixed term tenancy and allowed the tenancy to roll over to an SPT, but there is another reason for using a CPT. When a tenant abandons a property that has rolled over to SPT the tenant is deemed to no longer have in interest and therefore not liable for the Council Tax, the obligation of same then transfers to the Landlord until a new tenant takes possession.

A CPT prevents this obligation to the Landlord because the tenancy only ends when the tenant gives notice, even if they abandon it, essentially because the tenancy from the start was a month to month tenancy, just one with a minimum period the initial term. As I said in my post above a tenant can still end their CPT by giving notice and if they then remain in the property after that notice, the CPT will be terminated by the end of the notice period but them remaining will create a new SPT. Thanks to everyone that replied.

I guess in a nutshell the question is "can I ask a tenant to give two months notice when the fixed term ends". Shelter England Housing advice Private renting How to end a periodic tenancy.

How to end a periodic tenancy. Use this guide if you: want to leave a rolling or periodic tenancy have already left and want to end your liability for rent. If you need to talk to someone, we'll do our best to help Get help. Print this article Email.

Have you had a bad housing experience? Share your story. By sharing your story, you're helping spread the message of what we do so that we can help even more people. This is called 'surrendering your tenancy'. You have the right to rent a safe home and to be treated fairly. The law is there to protect your rights - you can take action to get your landlord to do what they should.

Get help from your nearest Citizens Advice - they can check your rights and talk you through your options. You have to pay your rent until at least the end of your fixed term. You might need to pay rent after your fixed term if you:. You can only end your fixed term tenancy early if your agreement says you can or by getting your landlord to agree to end your tenancy.

Your tenancy agreement will tell you when the break clause can apply. For example your break clause might say you can end your tenancy 6 months after it starts if you give 1 month's notice. Some break clauses might have other conditions that you have to meet. You can end your tenancy at any time by giving your landlord notice if you have a periodic tenancy. You'll have to pay your rent to the end of your notice period.

The amount of notice you have to give to end your tenancy will depend on the type of tenancy you have. Check your tenancy agreement to find out how much notice you have to give - you might have to give more than the minimum notice. Check what notice you need to give when you have a periodic tenancy. If your rental period runs for longer than a month, you need to give the same amount of notice as your rental period.

You can usually give notice at any time, unless you have a break clause or a tenancy agreement that says otherwise. If your tenancy period runs from the 4th of each month to the 3rd of the next month this would mean:. Contact your nearest Citizens Advice if you have a weekly tenancy - the rules for the day your notice has to end are different.

You will normally need to get the agreement of your landlord and the other tenants to end your fixed term joint tenancy. If you end your tenancy it ends for everyone.

If your fixed term joint tenancy has a break clause you have to get all the tenants to agree to end the tenancy, unless your agreement says otherwise.

If you have a periodic joint tenancy you can give notice to end your tenancy without the agreement of the other tenants - unless your tenancy agreement says otherwise. It's important to be aware that if you end your tenancy it ends for everyone. Accessibility by WAH.

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