What happens when my AST expires?

oceanscape

Hi everyone. I am currently renting and the 12-month fixed term expires next week. I want to stay in the property for now but may need to end the tenancy on short notice. A renewal was requested by the landlord and discussed with the letting agent but they have since gone radio silent.

If we don’t sign any kind of renewal by the time the AST expires next week I assume the landlord can’t turn around and kick us out on the actual day of expiry?! Worried about suddenly being homeless!

Under the current AST we had a break right on 3 months’ notice after the first six months of the term. Is it correct that, notwithstanding that, if a periodic tenancy was created because we stay on after the expiry of the AST, this could then be terminated by us on only one month’s notice (because we pay rent monthly)?

Mr.Generous

It goes to a rolling contract, 1 months notice from yourself 2 months from the landlord I think, I haven't looked it up for a while. I wouldn't give notice to a tenant unless there was an issue, why would anyone? LL's have to pay to find a tenant, have the property vacant usually, hassle of new agreements and inventory etc, why do all this with a good tenant in place?

oceanscape

Mr.Generous wrote: »

It goes to a rolling contract, 1 months notice from yourself 2 months from the landlord I think, I haven't looked it up for a while. I wouldn't give notice to a tenant unless there was an issue, why would anyone? LL's have to pay to find a tenant, have the property vacant usually, hassle of new agreements and inventory etc, why do all this with a good tenant in place?

Great, thank you. So is it definitely only one month’s notice we’d have to give even though the current AST requires 3 month’s notice to exercise the break right? I assume that’s different and doesn’t apply to the rolling contract?

Pixie5740

oceanscape wrote: »

Great, thank you. So is it definitely only one month’s notice we’d have to give even though the current AST requires 3 month’s notice to exercise the break right? I assume that’s different and doesn’t apply to the rolling contract?

No that's not definite. It depends on whether the tenancy becomes a Contractual Periodic Tenancy or a Statutory Periodic Tenancy, and the frequency of your rent payments. The sticky at the top of the board: Tenancies in Eng/Wales: Guides for Landlord and Tenants will give you the answer.

Mr.Generous

Pixie5740 wrote: »

No that's not definite. It depends on whether the tenancy becomes a Contractual Periodic Tenancy or a Statutory Periodic Tenancy, and the frequency of your rent payments. The sticky at the top of the board: Tenancies in Eng/Wales: Guides for Landlord and Tenants will give you the answer.

Thanks I need to do some reading to improve my understanding too.

Slithery

Ending/renewing an AST:

oceanscape

Okay, so I've read the guidance but I am still confused.

How do I know if my tenancy will turn into a "Contractual Periodic Tenancy" - my tenancy agreement does not specifically refer to that but the definition of "Tenancy" is as follows:

The Tenancy
The full period of occupation of the property by the Tenant for the stated Term and any extensions or continuation of the contractual Tenancy or any statutory periodic Tenancy arising after the expiry of the original stated Term.

saajan_12

oceanscape wrote: »

Okay, so I've read the guidance but I am still confused.

How do I know if my tenancy will turn into a "Contractual Periodic Tenancy" - my tenancy agreement does not specifically refer to that but the definition of "Tenancy" is as follows:

The Tenancy
The full period of occupation of the property by the Tenant for the stated Term and any extensions or continuation of the contractual Tenancy or any statutory periodic Tenancy arising after the expiry of the original stated Term.

That's a fairly generic term and always true. What if anything does it say about
* what happens after the fixed term
* notice to end the tenancy

Usually later in the agreement in a section about tenatn obligations / notice.

G_M

As Saajan says, that is a catch-all and meaningless since it refers to both a SPT and a CPT.

If there is something specific in the contract about a notice period following the end of the fixed term, then that would make it a CPT and you'd need to give notice acording to that.

If the contract is silent, you can safely assume you'll move to a SPT.

The Break Clause becomes redunadant as soon as the fixed term ends.

oceanscape

saajan_12 wrote: »

That's a fairly generic term and always true. What if anything does it say about
* what happens after the fixed term
* notice to end the tenancy

Usually later in the agreement in a section about tenatn obligations / notice.

G_M wrote: »

As Saajan says, that is a catch-all and meaningless since it refers to both a SPT and a CPT.

If there is something specific in the contract about a notice period following the end of the fixed term, then that would make it a CPT and you'd need to give notice acording to that.

If the contract is silent, you can safely assume you'll move to a SPT.

The Break Clause becomes redunadant as soon as the fixed term ends.

Thanks so much for your help with this!

The AST does not appear to expressly refer to notice following the end of the fixed term HOWEVER please see relevant provisions below, which I am worried about because they use the defined term "Tenancy" which, as stated in my previous reply, refers to "extensions or continuation" (see below):

The Tenancy
The full period of occupation of the property by the Tenant for the stated Term and any extensions or continuation of the contractual Tenancy or any statutory periodic Tenancy arising after the expiry of the original stated Term.

8.1 TERMINATION

It is agreed and understood that the Tenancy hereby created may be terminated by serving advance written notice to the Landlord’s Agent in accordance with Clause 6.1 and 6.2 above and as outlined in the Tenant Break Clause below.

[Note: 6.1 and 6.2 are just provisions regarding validity / service of notices]

TENANT BREAK
No less than 2 months notice served after completion of the first 10 months of the Tenancy. For avoidance of doubt the Tenancy may not be terminated by the Tenant prior to 2 March 2019

LANDLORD BREAK
No less than 2 months notice served in accordance with Section 21 of the Housing Act 1988 after completion of the first 10 months of the Tenancy. For avoidance of doubt the Tenancy may not be terminated by the Landlord prior to 2 March 2019

FWIW, the "Term" definition does not refer to continuation and is the fixed 12-month period:

The Term
12 Months Commencing 3 March 2018 and expiring 2 March 2019 Subject to Clause


---

So, can I safely assume its moves to a SPT with 1 month termination notice required or does the reference to the 2 months in the break clause and the fact the "Tenancy" definition refers to continuation/extension mean it will become a CPT and I will have to give 2 months' notice?

G_M

oceanscape wrote: »

So, can I safely assume its moves to a SPT with 1 month termination notice required or does the reference to the 2 months in the break clause and the fact the "Tenancy" definition refers to continuation/extension mean it will become a CPT and I will have to give 2 months' notice?

The Break Clause becomes redunadant as soon as the fixed term ends.