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elbows
26-10-2009, 23:44 PM
Hi, does anyone know if a 6 month assured shorthold tenancy can lapse into a month by month tenancy, if so what are the conditions with regard to both parties giving notice. Thanks!

Snorkerz
27-10-2009, 08:50 AM
At the end of the fixed term it becomes a "Statutory Periodic Tenancy" by default, no one needs to do anything. It retains all the rights & conditions of the original AST except for notice periods. These become:

T - End of next rent month (ie min 1 month)
L - End of next rent month + one month (ie min 2 months)

jeffrey
27-10-2009, 09:28 AM
At the end of the fixed term it becomes a "Statutory Periodic Tenancy" by default, no one needs to do anything. It retains all the rights & conditions of the original AST except for notice periods. These become:

T - End of next rent month (ie min 1 month)
L - End of next rent month + one month (ie min 2 months)
I agree, except to add that:
a. T's Notice To Quit need not be in any particular format; but
b. L's Notice must in fact be "to next end of rent month + two months**" and comply with s.21(4)(a) of the Housing Act 1988.

** EXAMPLE
1. Assume AST for six months beginning 1 Jan. 2009.
2. Term expired at end of 30 June.
3. Statutory Periodic Tenancy (SPT) began on 1 July.
4. L serving s.21(4)(a) Notice today- 27 Oct.- must state possession date as no earler than:
a. to next end of rent month (= 31 Oct.); plus
b. two months more; so as to run
c. to 31 Dec.

tom999
27-10-2009, 09:34 AM
Hi, does anyone know if a 6 month assured shorthold tenancy can lapse into a month by month tenancy, if so what are the conditions with regard to both parties giving notice. Thanks!In addition to the above advice, T could leave on last day of fixed period of AST, so effectively there would be no notice period (however it's always a good idea to let LL know).

jeffrey
27-10-2009, 09:37 AM
At the end of the fixed term it becomes a "Statutory Periodic Tenancy" by default, no one needs to do anything.
...unless the letting was expressly stated as being for:
a. fixed term; plus
b. [contractual] periodic continuation.

dominic
27-10-2009, 10:10 AM
...unless the letting was expressly stated as being for:
a. fixed term; plus
b. [contractual] periodic continuation.

If b. is true as per jeffrey's post, then the notice period during the (contractual) periodic stage of the tenancy would be governed by the terms of the tenancy agreement, not the statutorily imposed notice periods as mentioned in an above post.

jeffrey
27-10-2009, 10:51 AM
If b. is true as per jeffrey's post, then the notice period during the (contractual) periodic stage of the tenancy would be governed by the terms of the tenancy agreement, not the statutorily imposed notice periods as mentioned in an above post.
Yes. The disregard [by s.5(3)] of whatever Notice periods the fixed-term written Agreement stipulates:
a. operates during an SPT only; but
b. does not operate if the written Agreement granted a contractual continuation to follow that fixed term.