Maintaining a tenancy agreement ...

Hi 4 Walls,

I got the following email from my tenants:

> Hi Rob,
>
> Thank you for your email.
>
> Regarding the new contract, Alison is looking to buy a property this year
> and is therefore a bit reluctant to sign up to a new contract.
>
> The ideal solution for us, would be to have some kind of ongoing contract
> but with a two month notice period on both sides.
>
> If this is acceptable then let me know, otherwise we can always discuss the
> matter when you come over.
>
> Regards,

My question is: what sort of contract should I use?

Thank you for your help.

Rob Lamb

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Comments (2)

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Hi Rob,nnThat's easy. Presumably you have an existing AST with the tenants?. You can agree that this tenancy can continue on a "periodic" basis i.e. it can continue until either party serves the two month's notice.nnTo cover yourself, you could take the exisiting agreement and write "periodic" on it, and ask the tenants to initial and date the word periodic.nnThe tenancy will then continue on a rolling basis until either party decides to terminate it.nn

Vanessa , January 21, 2009

Statutory Periodic

Hi Rob,

I have the same to add as Vanessa, if your original TA was an AST then simply continuing it will lapse into a statutory periodic tenancy agreement
The period of the tenancy will depend upon the rent payment schedule, so if the rent was paid monthly under the original contract, this will become a monthly periodic tenancy, or a weekly periodic tenancy if this was the payment schedule. So BEWARE if your rental period was six monthly!
Under a Stat.Pat your tenant must give you notice if he wants to leave and the notice period must adhere to the following. A)The notice must be in writing B)It must be delivered at least 4 weeks before the notice period ends or 1 month if rent is paid monthly and finally, itt must bring the tenancy to an end at the end of a full rent period.
The notice period must end at the end of a tenancy payment period.
As a Landlord, you still need to serve 2 months notice to bring the tenancy to end, and again this should end on a rent due date.

Hope that helps - kind wishes, Sally

Sally , March 06, 2009