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  • FIRST POST
    • G_M
    • By G_M 19th Feb 15, 5:13 PM
    • 49,717Posts
    • 61,754Thanks
    G_M
    Tenancies in Eng/Wales: Guides for landlords and tenants
    • #1
    • 19th Feb 15, 5:13 PM
    Tenancies in Eng/Wales: Guides for landlords and tenants 19th Feb 15 at 5:13 PM
    This thread is intended to provide information to both landlords and tenants relating to Assured Shorthold Tenancies (ASTs) in England and Wales.

    Topics covered:

    * Repairing Obligations: the law, common misconceptions, reporting/enforcing, retaliatory eviction & the new tenant protection (2015)

    * Deposits:
    payment, protection and return

    * 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?

    * Rent increases: when & how can rent be increased?

    * Repossession: what if a LL's mortgage lender repossesses the property?

    * New landlords (1):advice & information :see links in next post

    * New landlords (2): Essential links for further information

    * Letting agents: how should a landlord select or sack?

    * Lodgers: advice & links for landlords & lodgers


    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.
    Last edited by G_M; 30-05-2019 at 5:54 PM. Reason: length of fixed term
Page 2
    • Gmj
    • By Gmj 23rd May 19, 1:37 PM
    • 11 Posts
    • 1 Thanks
    Gmj
    My 12 month contract ends 23rd July, I intend to renew my contract for a further 12 months. The property goes back on the market 8 weeks before this date (28th May). Is there any way I can get around paying admin fees to sign my new contract? Do I have to risk someone else signing for the property between 28th May and 1st June in order to get out of paying the fees?
    • hazyjo
    • By hazyjo 23rd May 19, 2:22 PM
    • 12,358 Posts
    • 16,873 Thanks
    hazyjo
    See below.

    My 12 month contract ends 23rd July, I intend to renew my contract for a further 12 months. The property goes back on the market 8 weeks before this date (28th May). Is there any way I can get around paying admin fees to sign my new contract? Do I have to risk someone else signing for the property between 28th May and 1st June in order to get out of paying the fees?
    Originally posted by Gmj
    Please start a new thread of your own where your questions can be addressed, this thread is for information only.
    Originally posted by agrinnall
    2019 wins: Bottle of Prosecco; Popcorn Shed popcorn; Moisturising 'M&S Time Capsules'; Case of Boost Sport + 30 Just Eat voucher; Battle Proms tickets and hotel; under-eye serum...

    "Should know better." Apparently.
    • G_M
    • By G_M 7th Oct 19, 3:49 PM
    • 49,717 Posts
    • 61,754 Thanks
    G_M
    See below.
    Originally posted by hazyjo

    Originally Posted by agrinnall
    Please start a new thread of your own where your questions can be addressed, this thread is for information only.
    I appreciate the thought, but it's a lost cause!
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