fixed term tenancy

[lawstudent]

suppose you grant a fixed term 3-month AST with the whole rent payable at the outset as a single payment. If the tenant stays on, does this become a statutory periodic tenancy with quarterly payments due? :confused:

[davidjohnbutton]

My logic says yes, BUT you cannot evict the tenant until six months has expired. I remember Paul F going over this point some time ago saying that you can create an AST for as short a period as you like, but that possession cannot be sought until six months has expired (at least on a S21 - if there are rent arrears or other problems, a S8 can kick in anytime)

As the three monthe suggested expire, the only thing then the tenant can be is a statutory periodic one as by then the contract/agreement has expired and they are not then under the auspices of a contract or agreement.

[Paul_f]

David is quite correct although I would say that even if rent is paid for the whole 3 months up front, the rent period is determined by that which is stated on the AST i.e. it could be monthly. So after 3 months is would become either a quarterly or monthly periodic AST for which the landlord could not issue a S.21 effective until 6 months had lapsed.

[lawstudent]

suppose the term in the AST was a single period of 11 weeks and 3 days, paid for by a single payment in advance, is the period of the subsequent statutory periodic tenancy 11 weeks and 3 days?

[Paul_f]

Like er...........yeah man!