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AST vs Statutory Periodic Tenancy
Out,_Vile_Jelly
Posts: 4,842 Forumite
From a tenant's point of view, if the rent is to remain unchanged and the existing AST already stipulates 1 month's notice to be given by tenant and 2 months by LL, there is no difference when an AST runs onto Statutory Periodic.
However, are there any implications from the LL's side, eg with mortgage provider or insurance? The deposit is with MyDeposits, which as far as I can see would charge a fee for a new contract being drawn up, but not for going onto Statutory Periodic.
The only difference I can see is that the agent can charge a suprious and unwarranted fee for an unnecessary new contract, but just wanted to check in case LLs view it differently.
However, are there any implications from the LL's side, eg with mortgage provider or insurance? The deposit is with MyDeposits, which as far as I can see would charge a fee for a new contract being drawn up, but not for going onto Statutory Periodic.
The only difference I can see is that the agent can charge a suprious and unwarranted fee for an unnecessary new contract, but just wanted to check in case LLs view it differently.
They are an EYESORES!!!!
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Comments
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I agree with everything you've said there, renewals do offer security of tenure though, a 6 month renewal means you are guaranteed those 6 months (so long as you comply with the tenancy agreement).
Some people like to pay a little for the security, some like the rolling contract.0 -
The landlord may want a clear asset producing guarantees of income over 6 or 12 months and not one that ends in one month.
They cannot force you to enter into a new agreement, though the risk of refusal is termination.Stop! Think. Read the small print. Trust nothing and assume that it is your responsibility. That way it rarely goes wrong.
Actively hunting down the person who invented the imaginary tenure, "share freehold"; if you can show me one I will produce my daughter's unicorn0 -
The risk of eviction is remote, though as a sane landlord has no interest in getting rid of a good tenant.0
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Thank you for your comments- the 6/12 month security is not an issue in this instance as both sides are happy to continue with 1/2 months notice.
I just wondered if there are any other compelling reasons for LLs to want a new AST, other than generously contributing to the profits of their agent.They are an EYESORES!!!!0 -
If 'the existing AST' is a Fixed Term (eg 6 months) NO notice is required by the tenant whatever the tenancy agreement says.Out,_Vile_Jelly wrote: ».....and the existing AST already stipulates 1 month's notice to be given by tenant and 2 months by LL, there is no difference when an AST runs onto Statutory Periodic.
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More here on Fixed Term Vs Periodic ASTs.0 -
If 'the existing AST' is a Fixed Term (eg 6 months) NO notice is required by the tenant whatever the tenancy agreement says.
T is not required to give notice to leave at the end of the fixed term (ie at the end of the tenancy).
But the agreement can be worded in a way that create a break clause giving T the possibility to end the tenancy at a month notice.
It's all about the wording.Out,_Vile_Jelly wrote: »I just wondered if there are any other compelling reasons for LLs to want a new AST, other than generously contributing to the profits of their agent.
If you use an agent you can discuss/negotiate what they charge to draw a new tenancy agreement. Or you can get a tenancy agreement yourself and not use them at all (which should encourage them to offer you a good deal)...0
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