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Statutory Periodic Tenancy

Posted by on February 18, 2010 in Granting a Tenancy, Possession | 0 comments

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 the coming to an end of the fixed-term tenancy;

(b) is deemed to have been granted by the person who was the landlord under the fixed-term tenancy immediately before it came to an end to the person who was then the tenant under that tenancy;

(c) comprises the same dwelling-house as was let under the fixed term tenancy;

(d) is one under which the periods of the tenancy are the same as those for which rent was last payable under the fixed-term tenancy

(e) is otherwise on the same terms as the fixed-term tenancy. However, this excludes terms making provision for determination of the tenancy, which do not have effect while the tenancy remains an assured tenancy. [1988 Act, s.5(3).]

 

Periods of the tenancy

One important question is “what are the periods of the tenancy?”. ... Please login or signup to continue reading this content

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