PDA

View Full Version : Section 21 in periodic tennancy



BL5
12-03-2010, 13:45 PM
If after a six month AST fixed term tennancy came to and end and a periodic tenancy then started can you serve a section 21(4)(a), or would it have too be a section 8 as it is in the first six month protected period?

or does the initial fixed term tenancy count as the six month protected period?

Thankyou

jeffrey
12-03-2010, 13:59 PM
Section 8 and section 21 are entirely distinct procedures. You need to familiarise yourself with them.
After the fixed term has expired, L can serve T under s.21(4)(a). The initial six months has ended, so the 'six-month' rule no longer applies.

BL5
12-03-2010, 14:09 PM
Thanks

I realise this just i'm doing a course and the wording is a little confusing

"However the advantage of an AST to the landlord is that at the end of the term (or at any time during a periodic tenancy after the first six month protected period) they only need to serve notice under section 21 of the HA1988"

Does this mean periodic tenancy's have a protected six month period just as fixed term does? and so back to my original questions if they do would you then need too serve a section 8 instead of 21 after an AST had turned into a periodic tenancy,

o and just a quick one how does the Landlord and tenant know whether an AST would turn into a periodic tenancy after the fixed term, is it whatever is agreed in the tenancy agreement, or does the landlord need too ask the tenant etc?

jeffrey
12-03-2010, 14:14 PM
No. The wording quoted accurately states that s.21 can be used during an SPT as long as it's at least six months since the fixed term began.
A fixed term can continue into an SPT by operation of law [s.5 of 1988 Act] without any action by the parties.

BL5
12-03-2010, 14:19 PM
Thankyou one again just the woridng didnt use the word "began" which would have been a bit more clear.

As for the SPT coming into effect by law, have i not read on here that tenants do not need too do anything to end the tenancy i.e they can just pack up and leave? or do they need too inform the LL they do not wish too continue into an SPT

jeffrey
12-03-2010, 14:22 PM
T can leave:
a. on fixed-term expiry, without giving to L any Notice at all (even if the Letting Agreement seems to require one); or
b. during the SPT, by giving to L at least one month's Notice [assuming monthly SPT] running up to & inc. a month end.

BL5
12-03-2010, 14:27 PM
So if for example a tenant's fixed term expiry ended on december the 5th say and he just pakced up and left by this date, why could the LL not presume it had turned into a periodic tenancy if he had not heard anything either way fromn the T? :s

Mrs Mug
12-03-2010, 14:54 PM
why could the LL not presume it had turned into a periodic tenancy if he had not heard anything either way fromn the T?

Because if the tenant has left by the expiry date, he has complied with the contract that he has signed. I.e. to rent the property from X date to Y date.

jeffrey
12-03-2010, 15:11 PM
So if for example a tenant's fixed term expiry ended on december the 5th say and he just pakced up and left by this date, why could the LL not presume it had turned into a periodic tenancy if he had not heard anything either way fromn the T? :s
No. If T leaves, it ceases to be an AST or SAT [s.1(1)]; so the Act does not apply; so it cannot become an SPT.