Tenancies

Assured Shorthold Tenancies are regulated by the Housing Act 1988 and if it is agreed that the tenant shall remain in occupation of a property after the end of the fixed term, then a new ‘periodic’ tenancy will be automatically created.

A statutory periodic tenancy will:
1. Start immediately after the fixed term ends;
2. Be deemed to be for the same property and be between the same landlord and tenant as per the fixed term;
3. Move forward on a period to period (either monthly by month or week by week) basis;
4. Will mirror the same terms of the fixed term Assured Shorthold Tenancy Agreement, save for these changes.

However, it is important to note that if the last payment of rent was different to that stipulated above (for example, if the tenant paid rent up front by one payment for a period of say six months), then the periodic period of the tenancy will reflect this last payment

If the tenant moves out:
If the tenants move out at the end of the fixed term, then the Assured Shorthold Tenancy will come to an end. However, this will not conclude the landlord’s right to pursue the tenant for any rent arrears or disrepair.

If the tenant is still in the property:
If the landlord is happy for the tenant to remain in the property after the expiry of the fixed term of the Assured Shorthold Tenancy, then the tenancy will revert to continue as a statutory periodic (month by month) agreement. The landlord will still be required to serve the tenant with 2 months notice but the tenant can still provide 1 months notice at any time.

If the tenant has failed to leave the property:
If the tenant has failed to leave the property at the end of a fixed term Assured Shorthold Tenancy and the landlord has served a valid Section 21 notice, then the next steps would be to issue Court proceedings to recover possession of the property.

Assured Shorthold Tenancies are regulated by the Housing Act 1988 and if it is agreed that the tenant shall remain in occupation of a property after the end of the fixed term, then a new ‘periodic’ tenancy will be automatically created.

A statutory periodic tenancy will:
1. Start immediately after the fixed term ends;
2. Be deemed to be for the same property and be between the same landlord and tenant as per the fixed term;
3. Move forward on a period to period (either monthly by month or week by week) basis;
4. Will mirror the same terms of the fixed term Assured Shorthold Tenancy Agreement, save for these changes.

However, it is important to note that if the last payment of rent was different to that stipulated above (for example, ifthe tenant paid rent up front by one payment for a period of say six months), then the periodic period of the tenancy will reflect this last payment

In law, there is no difference between describing a residential occupancy of a property as either a “tenancy” or a “lease”. A periodic lease agreement is the same as a periodic tenancy agreement.

A periodic tenancy agreement is one which rolls from month to month or week to week and has no agreed end date.

You will also have a periodic tenancy if your fixed term agreement had an end date but that date has now passed and you did not agree to a further fixed term.