Written evidence of SPT?

Malibusmash

My tenants' fixed-term AST is ending soon (England) and they are keen to stay on in the property and sign another one year's fixed-term, although I would rather keep them on indefinitely on a SPT.

Whilst appreciating that the tenancy will automatically change to a SPT and neither I nor they actually need to do anything, I'm pretty sure they will want something in writing to confirm that they can indeed stay on and I am also keen to outline the terms/notice periods etc. of the SPT.

Is there such a thing as a SPT 'contract' I can write and have them sign or it is simply a case of emailing the terms to them?

SerialRenter

There is such a thing as a contractual periodic tenancy where you can have different terms from the statutory ones. However i don't think this is what you want?

I'd just write them an email with links to what a SPT is and how it works.

For example:
http://www.landlordlawblog.co.uk/2011/08/11/what-is-a-periodic-tenancy/

G_M

No.

By definition a SPT is created by... errr... statute. Not contract. Anything you write/sign will automatically create a new contractual tenancy which will therefore not be a Statutory tenancy

You would therefore need to fully specify the terms of the new contract.

Of course, if both parties agree, nothing prevents you creating a Contractual Periodic tenancy.

I am also keen to outline the terms/notice periods etc. of the SPT.

These are defined by statute, so why not explain the law to your tenants and/or provide a copy of the relevant Housing act and/or link them to

* Ending/renewing an AST: what happens when a fixed term ends? How can a LL or tenant end a tenancy? What is a periodic tenancy?

Malibusmash

Thanks to you both.#

There is a concerning statement in your link Serial:- 'Why are they entitled to stay? Because statute says so (which is why it is called a ‘statutory’ tenancy). These tenants are generally very difficult to evict (unlike assures shorthold tenants)."

Do you know why these tenants are difficult to evict compared with AST tenants? What's the difference(s)?

G_M

You misunderstand. That statement is in relation to 'Protected Tenancies' (rare nowadays) as opposed to ASTs.

If a fixed term AST becomes a SPT, then that is NOT a Protected Tenancy, and eviction is straightforward.

It's a poorly worded guide. Read mine instead! (mine has all the legal links you need too, and, I think, fewer typos!).

However generally this term is used for Rent Act tenancies where the original ‘protected tenancy’ is ended by a Notice to Quit but the tenant is entitled to stay on. Why are they entitled to stay? Because statute says so (which is why it is called a ‘statutory’ tenancy). These tenants are generally very difficult to evict (unlike assures shorthold tenants).

Malibusmash

Thanking you and yes GM, your guide is extremely helpful and informative (all of your guides are actually!)