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Jo C.
Jo C., Barrister
Category: UK Property Law
Satisfied Customers: 69270
Experience:  Over 5 years in practice.
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Hi, I have a property that has been let out to three people.

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Hi, I have a property that has been let out to three people. We have an 6 months tenancy agreement which expired in December 12. I do not have any problem with my tenants and they are happy to stay and always pay the rent on time. I am just wondering if it is o.k. to continue with the current tenancy with no new agreement, and if the liabilities stated in the previous agreement still stand.

Or, is it better to have a new agreement in hand?

Thank you.

Thank you for your question and welcome to Just Answer. My name is XXXXX XXXXX I will try to help with this.

In order to give you an answer tailored to your circumstances, I will just need to ask you some preliminary questions so that I can consider your position from all angles.

What type of contract is it?
Customer: replied 3 years ago.

Hi, thanks. It is an agreement for assured shorthold tenancy




What would you like to achieve? Do you want to tie them in for a longer period of time or would you rather be able to give notice quickly?
Customer: replied 3 years ago.

Hi, There is nothing that I would like to change. The agreement was for 6 months. If it's possible, I'd like to have a one-year agreement with a 6 months break clause.


At the moment, I am just worried that the tenancy would be out of my control due to the expired tenancy agreement.




Its not really out of your control. If this was an AST that has not been renewed then it will have flipped over into a periodic agreement.

Periodics have advantages and disadvantages depending on your view of the situation. They bind neither side for any period of time. Notice can be given by either landlord or tenant of no less than two months on or before the rent date.

Obviously that has the advantage of letting you escape should you need to as well.

If you prefer a longer tie in period though then you can ask your tenant to sign a fresh AST. They may refuse. If they do then you can give notice but you cannot force them to sign a new AST.

Can I help further?
Customer: replied 3 years ago.

Thanks. Does the periodic agreement last forever? and does it cover the same clauses as the expired AST?



It carries on until either side terminate by giving two months notice.

Yes, though basically the obligations are the same except that under an AST you get a tenant for a specified time and under a periodic they can give two months notice.
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