UK Landlord Forum / Life

Hi, would need advice on the following :

My current contract with my tenant (through estate agent) is AST. In the contract, I must give the tenant 2 months notice if I would like her to leave. And she gives me 1 month notice. Come February - my agreement will end. I have not given notice and I have not received notice. My estate agent however informed me that the tenant is interested to further rent for another 6 months. I am not sure if I would like to tie myself to another 6 months. Please may I be adviced on the following :

1) My estate agent says if I do not want to tie myself to another 6 months, I can work with Periodical Tenancy which is a roll-over from the AST. Is this correct ?

2) If I work with Periodical Tenancy, does it mean all the terms of the current contract that I have will continue ?

3) How about notice - with periodic contract, do I have to give 1 month or 2 months notice, being the term of the periodic contract ? The current contract states 2 months notice from me.

4) What are the differences between the current contract and periodic contract and the similiarities of them also ?

5) Anything I should be aware of or watch out for with the change of the types of agreement ?

Looking forward to kind advice.

Thank you.


Yours faithfully,
Daisies

1) Yes.
2) Yes.
3) "at least 1 month notice from the Tenant to you", "at least 2 months notice from you to the Tenant" - your current AST has a fixed term, so your understanding of notice periods here is likely somewhat incorrect.
4) The difference is notice periods. A SPT is a AST - they're the same thing. A SPT is not a different thing in your case, in fact it is the very same AST document.
5) ?

Hi Hippogriff,

Thank you for kind advice.

1) When I reconform working with the estate agent regarding the notice period, I was informed that the notice period will be 1 month for both parties once I change to Periodical tenancy (although with the AST, I have to give 2 months notice). Please could you advice thoughts on this so I am clear with this regards ?

2) Should I work with Periodical tenancy, there is nothing I need to do yes ? No documents I need to prepare, etc ?

Looking forward to further advice.

Thank you.

Quote from: Daisies on January 09, 2018, 02:45:05 PM
Hi Hippogriff,

Thank you for kind advice.

1) When I reconform working with the estate agent regarding the notice period, I was informed that the notice period will be 1 month for both parties once I change to Periodical tenancy (although with the AST, I have to give 2 months notice). Please could you advice thoughts on this so I am clear with this regards ?

2) Should I work with Periodical tenancy, there is nothing I need to do yes ? No documents I need to prepare, etc ?

Looking forward to further advice.

Thank you.


Yours faithfully,
Annie

1. I'd be very concerned with the agents knowledge/ability, it's in statute I.e the law, that the notice period from LL to T is 2 months, nothing written by them or you, signed by you T or agent can override this,

Thank you, Riptide, for kind reply. Much appreciate kind thoughts.

After much thinking, I am planning to work with Periodical Tenancy instead of renewing the tenancy to another 6 months. Please could you advice the following also ? My sincere apologies for the so many questions - just want to be sure all are done correctly, and that I understand all correctly also.

1) Would my Landlord Insurance still work with the change of tenancy type / rollover to periodical tenancy ?

2) My estate agent informed me that they are not able to renew the Rent Protection and Legal Expenses Insurance they currently provide me should I work with Periodical Tenancy? Please could you advice thoughts on this ? I think all the more I should be able to have the insurances as the tenant would have stated in my flat for 6 months before the tenancy becomes periodic ?

3) Also, are you able to guide me to an insurance company who is able to provide such insurances (Rental protection and legal expenses insurance) for my working please ?

4) Does my estate agent have to prepare any documents, etc for my / my tenant to sign with the change of the tenancy type (from AST to periodical tenancy) ?

5) As for bills, council tax, etc - will my tenant still be responsible to pay for the bills ? They are stated on the AST - what the tenant needs to pay.

6) Should the tenancy moves to Periodic Tenancy, must my estate agent serve Section 21 Notice or can they discuss this amicably with the tenant without the Section 21 Notice ?

7) My AST ends on the 12th February 2018. Can I still give the 2 months notice on the 12th February, having it done in the term of the AST, and not having to serve Section 21
notice ? If not, can I still do it on the 12th January this month ? I should have done it on the 12th December 2017 should I prefer to have my flat back, but my estate agent told me that I can still give them an answer this month, before the 12th January.

Looking forward to further reply.

Thank you.

1. Yes
2. Maybe they require tenants to be in fixed terms? I don't have insurance so don't know
3. I can't
4. No, just continues as per the current signed agreement
5. Of course they will
6. Section 21 is a request to terminate a tenancy.  You are not terminating a tenancy. No section 21 should be issued
7. I'm confused, do you want these tenants to leave or stay?

Dear Riptide,

Thank you for kind reply. My very sincere apologies I didn't put my thoughts correctly here. I wasn't sure if I would like to terminate my tenancy or continue with Periodic Tenancy, thus checking the options that I have.

1) Should the tenancy moves to Periodic Tenancy, and when it's time to give 2 months notice to have my flat back, must my estate agent serve Section 21 Notice or can they discuss this amicably with the tenant without the Section 21 Notice ?

2) If I would like to have my flat back .. My AST ends on the 12th February 2018. Can I still give the 2 months notice on the 12th February, having it done in the term of the AST, and not having to serve Section 21 notice ? If not, can I still do it on the 12th January this month ? I should have done it on the 12th December 2017 should I prefer to have my flat back, but my estate agent told me that I can still give them an answer this month, before the 12th January.

3) My estate agent informs me that should I work with periodic tenancy, and when I want my flat back, I don't have to serve section 21. Section 21 is only served when tenant does not want to leave. They don't however see this being an issue with the tenant. I am now confused with the work of section 21.

Looking forward to further advice.

Thank you.

Quote from: Daisies on January 11, 2018, 10:09:54 AM3) My estate agent informs me that should I work with periodic tenancy, and when I want my flat back, I don't have to serve section 21.

Your Estate Agent seems, frankly, incompetent. Be very wary of anything you are being told by them. This is basic stuff.

3. I'm not surprised you're confused, your estate agent is giving you the wrong information.