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Question

Tenancy Agreements (England)

AST Renewal/Extention

24 Jul 2017 | 3 comments

Hi Adrian,

I have an AST that is about to come to the end of its six-months initial term and my intention was to allow it to become Statutory Periodic. However, there are presently four Tenants and one of these will vacate at the end of the term. Is it still legitimate for the existing Agreement to remain in force as Statutory Periodic for the three remaining Tenants or is it necessary to start a new AST?

Thanks, David

Answer

3 Comments

  1. guildy

    This would need a new tenancy from scratch. If there’s a deposit that will need un-protecting and then re-protecting in the new composition of names.

  2. David Ch

    Hi Adrian,
    Thanks for your reply. I have one additional question. The Tenant that is vacating at the end of the fixed term has not given written notice but verbal only. If she does not provide written notice, should I put something in writing to her to confirm that the tenancy will end or is this automatically the case at the end of the fixed term?
    Thanks, David

    • guildy

      When served during a term to expire on the last day, the notice would only be valid if in writing and from all tenants. Therefore, even if the tenant had put it in writing it would have been of no effect.

      Therefore, this is just a personal agreement with you all and can be confirmed by email as you see fit. We think the tenancy will end when the new one is concluded rather than the one leaving being the trigger (not that that really matters once a new tenancy is done).

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