For complaints, please contact clientliaison kfh. Deciding on the length of tenancy. Periodic tenancies At the end of the fixed term, a new fixed term agreement is often made or the tenants move out. Fixed term tenancies Fixed term tenancies can be for any length of term agreed between the landlord and the tenant to suit their circumstances up to seven years - longer fixed terms can often provide security to landlords and tenants.
Rental increase You will be unable to increase the rent during a fixed term tenancy unless you have already agreed this with the tenant within the tenancy agreement. Short let rentals Short let rentals, typically a few weeks to six months, often command higher rents and may appeal to certain types of tenant. Here to help Our experienced lettings teams can help advise on which tenancy arrangement might be best for your property. Enter full postcode:. We have 60 branches across the Capital. Enter postcode or location:.
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Linda C - Tenant. Polly I - Landlord. Hannah H - Landlord. Edward B - Landlord. Jo B - Tenant. Contact number:. Any bedrooms Min bedrooms Studio 1 2 3 4 5 6 7. Max bedrooms Studio 1 2 3 4 5 6 7 No max. Find properties. Include new homes. As stated previously, either party may end the relationship on a short notice period. This can leave a tenant searching for somewhere to live, or a landlord with no tenant and therefore, no rental income. This becomes an even larger problem for a landlord if works are required in order to attract a new tenant and make the property look presentable.
Given that there have been so many changes to current practices and legislation recently, another issue to consider when allowing a fixed term tenancy to continue into a periodic tenancy for an extended period of time is that the terms of the tenancies may become out of date should a problem arise.
Home Insights Latest News. What rights does your tenant have when their fixed-term tenancy expires? What is a periodic tenancy? How does a periodic tenancy work?
How can you end a periodic tenancy? What are the advantages and disadvantages of a periodic tenancy? Although correct at the time of publication, the contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.
The new tenancy will arise because section 5 of the Housing Act says it will. The Housing Act is the act which set up and regulates assured and assured shorthold tenancies. This new periodic tenancy will:. In most cases, the period will be monthly or weekly, depending on how the rent is payable under the terms of the tenancy agreement.
Most tenancies today are assured shorthold tenancies, so in most situations where tenants stay on after the end of the fixed term, they will have a statutory periodic tenancy. Some tenancies fall outside the statutory code set up by the Housing Act In the main these are:. You will find a full list in Schedule 1 of the Housing Act It will not apply to situations where the landlord owns two or more properties in a purpose-built block of flats and rents one and lives in another — here the rented properties will be ASTs.
If the landlord is renting a room to a lodger, this will normally not be a tenancy at all see more about this in my Lodger Landlord website. So, what happens if a tenant stays on after the end of the fixed term in a common law tenancy? Section 5 will not apply as this is not an AST. Generally, however, the law will imply a periodic tenancy where the tenant pays and the landlord accepts rent.
Under section 54 2 of the Law of Property Act it is not necessary to have a formal written tenancy agreement deed if a tenant is living in a property and paying rent where there is a fixed term of 3 years or less. A new tenancy will be created automatically. The only circumstances where it will not be created will be if the tenant fails to pay rent or the landlord refuses to accept it.
Generally, the landlord will be looking to recover possession of the property here, in which case note that they will still need to get a possession order through the courts my Landlord Law Eviction guide has instructions on how to do this.
These are not common and only exist if the tenancy agreement signed by the tenant specifically provides for them. Normally this will be for a monthly periodic tenancy. One of the advantages of contractual periodic tenancies is that you can specify what the period of your periodic tenancy will be so this creates certainty. They will stay a tenant and will be entitled to remain in the property until evicted through the courts. Another worry landlords have is that if tenants stay in the property a long time, they will suddenly acquire extra rights, such the right to buy the property.
Landlords will almost always be entitled to evict tenants who remain living in the property after the fixed term has ended. The only circumstances where this is not the case is where the tenant has a protected tenancy under the Rent Act But no Rent Act protected tenancies have been or can be created since January , so this is not going to happen with a more recent tenancy.
In the vast majority of cases where a tenant stays on after the end of the fixed term where no new agreement has been signed, he will continue to have a tenancy — a periodic tenancy Indeed, he will also have a tenancy agreement as the terms of the preceding tenancy agreement will continue to apply. In a joint tenancy, all tenants are joint and severally liable for the duties of the tenancy e. As long as they follow the terms set out in the contract, any tenant in a joint tenancy can give notice to leave the property.
At this point, the tenancy will have ended for all parties unless the tenancy agreement says otherwise. Ideally, the remaining tenants and landlord will have made arrangements during the notice period and signed a new tenancy agreement to start as soon as the old one ends. More of her writings can be found on the Landlord Law Blog. She also runs the popular Landlord Law online service.
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