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Tenancies in Eng/Wales: Guides for landlords and tenants
Please feel free to PM me if you spot errors (whether legal or typos!). Also omissions, or suggestions for improvement.
An Assured Shorthold Tenancy (AST) can exist in 3 forms:
1) Fixed Term Tenancy. This has a start date, and either a 'Term' (eg 6 months, 12 months), or a specified end date. The Term can be any length from a few days to 7 years, although
i) a landlord cannot obtain possession via the courts in the first 6 months, meaning LLs rarely agree to offer Terms of less than 6 months, and
ii) a tenancy with a Term over 3 years must be Executed as a Deed.
2) Statutory Periodic Tenancy. This is created by statute (law) automatically when the fixed term ends, if the tenant does not leave, and if no other agreement exists (eg 1 above or 3ii below). 'Periodic' means it continues on a 'rolling' basis (usually monthly, but sometimes weekly or quarterly).
3) Contractual Periodic Tenancy. This can be created either:
i) from the start (ie the initial contract specifies a 'rolling' tenancy - there is no fixed term), or
ii) at the end of the fixed term, if that is what the original contract specified would happen when the fixed term ended.
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