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An AST is usually granted for a fixed term of 6 or 12 months with and End of Fixed Term Date. i.e. The end of the Assured part of the tenancy. The tenancy then usually becomes a monthly rolling 'Statutory Periodic Tenancy' after the fixed term.

My question then is - Is the "End of Fixed Term" date the same as the "End of Tenancy"?

Surely the 'End of Fixed Term' and the 'End of Tenancy' are 2 different things.

I am of the opinion that - Just because the End of Fixed Term has ended, does not necessarily mean that the Tenancy contract has ended.

I.e. Does the tenant not have to give 1 months notice to quit, or can they just inform the Landlord say 2- 3 days before the End of Fixed term date and leave? Surely they should have to give the Landlord at least 1 month notice to quit?

I can not find any clause in the NLA tenancy agreement which clarifies this.

Does the tenant not have to give written notice to "End" the tenancy contract.

I am of the opinion that really they should give at least 1 months notice to quit if they intend to leave on the End of Fixed Term date. Please can someone clarify?

Rob

An AST only rolls over into a statutory periodic tenancy if both parties agree. If the landlord does not wish to continue into a periodic tenancy then the landlord must serve two months notice. If the tenant does not wish to continue into a periodic tenancy, the tenant can leave on the last day without having given any notice to the landlord! It is therefore a good idea to include in the AST a clause stating that the tenant must serve one months notice in writing to end the tenancy at any time (fixed or periodic). If you have this clause and the tenant leaves having not given one months written notice at the end of the fixed term, the tenant is then in breech of the AST. You could therefore be within your rights to claim money from the deposit until the end of the month or until you get a new tenant whatever the soonest. But I would check my interpretation with an NLA legal adviser to be sure. Its always a good idea to touch base with the tenant and remind them to serve notice if they intend to leave, at least then you reduce the risk of a surprise / miss-understanding.

I have just been on the Landlords Law site and they mention additional information regarding SPT. If I understood it correctly, renewing a AST gives the landlord an opportunity to increase the rent if he chooses to do so, whereas SPT does not necessarily has this option. Is this true?

Rob

A new AST is a new agreement and as such new terms and conditions can be negotiated. The attraction of an SPT is if things go wrong (such as rent arrears etc) the landlord can repossess the property easier than during the fixed term of an AST. What I do in my AST is accept that the AST can run on as a SPT under the same T&C's after the fixed term if both parties agree. I also have an annual rent review clause that allows a rent review to take place on each annual anniversary of the first rent payment date of the fixed term.

I did a Fixed Term contract for my tenants initially for 6 months and then extended this for a further 12 months. They are as good as gold and I believe they wish to remain long term tenants and so wish to offer them a SPT. Can I simply write to them to offer this with the notice periods for us both (2 months from me as landlord, 4 weeks from them as tenants) as an additional Annexe from the original AST. I also wanted to remind them of potential rent increases so it wouldn't be a surprise if I need to put anything in place. I have written this out and wondered if anyone could look at this for feedback. I already have 3 Annexe's from the original AST hence why this would then be a 4th.

"SPT (Statutory Periodic Tenancy) – [Additional Clause]

Annexe 4 - Effect of Termination
4.1 Termination of this Tenancy Agreement ends the Tenancy but does not release the Tenant from any outstanding obligations.
4.2 Where the Tenancy has become a Statutory Periodic Tenancy it may be terminated by:
4.2.1 The Landlord serving the Tenant at least two months’ notice in writing under Section 21 (4) (a) of the Housing Act 1988 (as amended) and expiring on the last day of a rental period of the Tenancy.
4.2.2 The Tenant giving written notice of at least four weeks and expiring on the last day of a rental period of the Tenancy.

Note – please be aware from the original AST (Assured Shorthold Tenancy) on clause 9.2 Rent Review, 9.2.1 where rental increases will be reviewed on the anniversary of the starting of the tenancy each year."

Any feedback would be very welcome.

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