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This section will outline the main differences so you can plan accordingly. There are a number of significant differences in how various laws apply to the two different types of periodic tenancy types.
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What type of periodic tenancy does the NRLA agreement haveĪll of the NRLA assured shorthold tenancy agreements create a contractual periodic tenancy that continues on from the initial fixed term.Īlong with a host of other documents, these agreements are free to download for all members of the NRLA. The NRLA strongly advises its members to always agree a tenancy in writing so the terms and conditions are clearly laid out and everyone understands their obligations. However, many of the benefits associated with contractual continuations do not apply to these informal contracts, particularly where they are verbally agreed. Typically these tenancies have no written agreement and usually are the result of more informal arrangements.Īs a statutory periodic tenancy can only be created through the expiry of a fixed-term agreement, these tenancies are still classed as contractual periodic tenancies. In some rare cases, tenants may move into a property without first being granted a fixed-term tenancy. What type of periodic tenancy do I have if I do not grant a fixed term agreement? If no clause exists, or the clause specifically states that the tenancy will be a statutory periodic tenancy or arise under Section 5 of the Housing Act 1988, then it will be a statutory periodic tenancy.
If one does, then it will normally be a contractual periodic tenancy. The first thing to do is read your tenancy agreement to see if a clause detailing the periodic tenancy exists. This is very important for council tax, deposits and the service of documents. The key point to understand about a statutory periodic tenancy is that it is a brand new tenancy that is separate from the original fixed term. Or if your tenant pays 5 months up front and then makes one monthly payment in the fixed term, then it will run from month to month. For example, if the tenant pays monthly in the fixed term, then the periodic tenancy will run from month to month.
This tenancy will run from month to month, week to week, etc based on the last rent paid. Many tenancy agreements do not contain any clause specifying how the tenancy will continue after the end of the fixed term at all.įor these type of tenancies, Section 5 of the Housing Act 1988 steps in to create a brand new tenancy agreement known as a statutory periodic tenancy. Reference to contractual periodic tenancies in this guide are to this type of periodic tenancy clause.
In these cases, the fixed term and the periodic portion are all part of the same tenancy, which is very important for council tax purposes. They will use phrases like 'continue on as a periodic tenancy' or 'carry on from month to month after the end of the fixed term'. Typically, these tenancies are written as continuations of the fixed term. This will mean that a clause will be present in the tenancy agreement saying that periodic tenancy will follow on from the fixed term. What is a contractual periodic tenancy?Īt its simplest, a contractual periodic tenancy means that the tenancy runs from month to month, week to week, etc, agreed as part of the tenancy agreement.
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This guide will act as a primer for landlords and agents in deciding which type of periodic tenancy to use if not using the NRLA assured shorthold tenancy agreements, and how to identify what type of periodic tenancy you have. Each has specific differences that affect landlords, with benefits and drawbacks to each. To ensure this, there are two different types of periodic tenancy that will follow on from the fixed term contractual and statutory periodic tenancies. Every tenant with an assured or assured shorthold tenancy (AST) is entitled to remain in the property on a periodic tenancy, until either they end the tenancy and leave or the landlord regains possession via a court order. However, once this fixed term ends the tenant does not have to leave the property. These fixed terms are usually for a 6 or 12 month period, though this can be for longer or shorter depending on need. Most tenancy agreements are made for a fixed period of time. Guide to contractual and statutory periodic tenancies Introduction