Statutory Periodic Tenancy

Introduction A statutory periodic tenancy is what happens to an assured or assured shorthold tenancy when the tenancy ends. One important note is that if the tenancy has a term to the effect that the tenancy continues as a periodic tenancy after the end of the fixed term, no statutory periodic tenancy arises because the tenancy does not “end” in this case. The statutory periodic tenancy: (a) takes effect in possession immediately on...

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Rent increase clause does “not” continue into statutory periodic tenancy

London District Properties Management Ltd & others v Goolmay [2009] EWHC 1367 (Admin) Burnett J. Where a fixed term assured tenancy comes to an end by effluxion of time, a statutory periodic tenancy arises: s.5(2), Housing Act 1988. Subject to the provisions of the Act, the terms of the statutory periodic tenancy are, in general terms, the same as those which applied during the fixed term: s.5(3). Increases in rent for periodic assured...

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