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Assured shorthold tenancy extension to periodic?

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Author Topic: Assured shorthold tenancy extension to periodic?  (Read 84 times)
Newbie
Posts: 2

I like property

« on: October 13, 2021, 08:27:34 PM »

Thanks in advance to anyone who helps the me that is quickly confused by the jargon; much appreciated!
Instead of rolling after the initial fixed term on an assured shorthold tenancy agreement, I issued an extension, specifying the date. The extension is now out of date. Iíve negotiated a rent increase with the tenant and want to revert back to rolling/periodic. How can I do this?
Do I change the name of the extension?
Do I have to negotiate the change with the tenant?
Do I have to put the rental increase in writing to the tenant?
Jr. Member
Posts: 59

Landlord - always learning

« Reply #1 on: October 13, 2021, 10:32:00 PM »

The way you have written your question is very confusing.

What exactly do you mean by: "I issued an extension, specifying the date."?

At the end of a fixed term AST, you either renew by issuing a new contract with a new end date, i.e it becomes a new AST - or you do nothing and it let it automatically become a Statutory Periodic Tenancy with no end date.

What exactly do you mean by: "I ... want to revert back to rolling/periodic".  From what you said, it was never a periodic tenancy, so how can it revert back?

You say that "The extension is now out of date", which sounds as though the fixed end date of your extension been reached. If so, it will have become an SPT by virtue of you doing nothing to renew it.

What exactly do you mean by: "Do I change the name of the extension?"  What 'name' are you referring to?

"Do I have to negotiate the change with the tenant?" It's not clear what change you are referring to.

"Do I have to put the rental increase in writing to the tenant?" For a fixed-term tenancy, unless the contract specifies when rent increases occur, you can only increase the rent if the tenant agrees. If they do not agree, the rent can only be increased when the fixed term ends. Yes, it should be in writing.

Jr. Member
Posts: 59

Landlord - always learning

« Reply #2 on: October 13, 2021, 10:42:23 PM »

A further thought...

Given that you are somewhat confused by ASTs and SPTs, can I ask whether you issued your tenant new Prescribed Information when you issued your 'extension' (which seems actually to have been a renewal of the AST)?

If you did not, then the tenant may have a £££ claim over you.

Also, assuming that you took a deposit from the tenant, how did you protect it?
Newbie
Posts: 2

I like property

« Reply #3 on: October 14, 2021, 04:18:26 AM »

Wow...... I'd like to say thanks Handyman but you've completely blown me out of these waters.... I'm not even inspired to explain further.......... Hopefully you'll understand 'exactly what I mean'
How disappointing...

Global Moderator
Hero Member
Posts: 4299

Abuse Officer

« Reply #4 on: October 14, 2021, 09:57:51 AM »

They are all valid questions you received back, genuinely. You do seem to be very confused... in both what you've done and your plans for the future. What Handyman was trying to say was... if you're this confused, then it's starting to feel quite likely there's other things you haven't really got a clue about... and this 'extension' (whatever that really is) could actually be the least of your worries.

It would be judicious of you to explain further to get further advice. If you don't then it's perfectly possible that your Tenant might... and you could be in hot water. It only takes a conversation down the pub between the Tenant and some well-meaning friend to open up a whole can of worms about whether you, as Landlord, are doing things above-board.

You getting all prissy and uppity about someone who's spent their own time, for free, trying to find out more about your situation in an effort to help is not on.
Global Moderator
Hero Member
Posts: 1351

I like property

« Reply #5 on: October 14, 2021, 10:18:04 AM »

I also could not make out what you were getting at.The fact that you had to ask if you needed to inform the tenant in writing about a rent increase does not inspire confidence in your basic way of doing business.I was going to ask if you have done all the other things legally required,but Handyman got there first.What a rude and sarcastic response to perfectly fair questions.I am still learning stuff on here after 20 years of being a landlord,and am very grateful to those who pass on their knowledge.   
Global Moderator
Hero Member
Posts: 4299

Abuse Officer

« Reply #6 on: October 14, 2021, 10:33:51 AM »

PJMAC - maybe take a deep breath and re-enter the fray? I am positive we can help... but you'll need to enable us to do that by sucking-up your indignation at being asked questions and actually answer some.

The alternatives are to stick your head in the sand and see what happens... or go somewhere where a person will ask you many of the same questions, but will charge you for it - a Solicitor.
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